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The Link Between Transfer Pricing and Customs Valuation 2016 Country Guide

2 Deloitte — The Link Between Transfer Pricing and Customs Valuation — 2016 Country Guide

Table of contents

Foreword 1

Deloitte global profile 3

WTO Agreement on Implementation of Article VII of the General Agreement on

Tariffs and Trade 1994 — Related Party Valuation Rules excerpt 4

Argentina 5

Australia 6

Austria 7

Belgium 8

Brazil 9

Canada 10

Chile 11

China 12

Colombia 13

Costa Rica 14

Czech Republic 15

Denmark 16

Ecuador 17

Egypt 18

France 19

Germany 20

Guatemala 21

Hungary 22

India 23

Indonesia 24

Ireland 25

Israel 26

Italy 27

Japan 28

Kenya 29

Luxembourg 30

Malaysia 31

Mexico 32

Netherlands 33

New Zealand 34

Norway 35

Peru 36

Philippines 37

Poland 38

Portugal 39

Romania 40

Russia 41

Saudi Arabia 42

Singapore 43

South Africa 44

South Korea 45

Spain 46

Sweden 47

Switzerland 48

Taiwan 49

Thailand 50

Turkey 51

United Arab Emirates 52

United Kingdom 53

United States 54

Vietnam 55

Customs & Global Trade Country Contacts 56

Deloitte — The Link Between Transfer Pricing and Customs Valuation — 2016 Country Guide 1

The Link Between Transfer Pricing and Customs Valuation — 2016 Country Guide is one of the most broad-based and authoritative, annually updated, guides of its kind, compilingessential information regarding the customs-related requirements and implications of related party pricing and retroactive transfer pricing adjustments in numerous key jurisdictions around the world. The information contained herein has been provided by local country specialists from Deloitte Touche Tohamtsu Limited’s global network* of Customs and Global Trade (CGT) professionals.** With more than 580 professionals in approximately 100 countries worldwide, the Deloitte member firms' CGT practice serves importers and exporters in business sectors and industries around the world.

Foreword

* Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”), its network of member firms, and their related entities. DTTL and each of its member firms are legally separate and independent entities. DTTL (also referred to as “Deloitte Global”) does not provide services to clients. Please see www.deloitte.com/about for a detailed description of DTTL and its member firms.

** The Link Between Transfer Pricing and Customs Valuation — 2016 Country Guide is intended as a general guide only. Its application will depend on the particular circumstances involved. While all reasonable attempts have been made to publish accurate information as of 1 January 2016, the rules underlying the information provided may change, which may impact the accuracy of this communication. None of the Deloitte network, its member firms, or their related entities is rendering professional advice or services by means of this communication. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

*** The WTO Customs Valuation Agreement defines "related parties" as: (a) officers or directors of one another's businesses; (b) legally recognized partners in business; (c) employer and employee; (d) any person [that] directly or indirectly owns, controls or holds 5 percent or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) members of the same family.

What’s new in 2016?The Link Between Transfer Pricing and Customs Valuation — 2016 Country Guide includes three new questions that address: (1) the type of information and documentation typically required and accepted by local customs authorities in support of using transfer prices as transaction value; (2) whether related party customs value is an area of high or increasing scrutiny by customs authorities; and (3) the impact of retroactive transfer pricing adjustments on declared export values. The Link Between Transfer Pricing and Customs Valuation — 2016 Country Guide has also been expanded this year to include Hungary, a new contributing country of increasing interest to multinationals, bringing the total number of countries included to 51.

Additionally, this year’s responses have been updated to address several country-specific regulatory and enforcement changes and advancements impacting related party customs valuation,*** including:• Customs authorities across the surveyed countries do not

follow a consistent approach to evaluating related party pricing despite that the customs valuation rules stem from the same set of global customs valuation rules. There remains a significant variance in the types of evidence customs authorities will consider as supportive of the acceptability of transfer prices as the basis for transaction value.

• 11 of the 51 countries surveyed have published and made publicly available specific guidance on the treatment of

related party prices and/or transfer pricing adjustments. This includes guidance published in Argentina, Australia, Canada, France, Germany, Israel, Italy, Russia, the United Kingdom, the United States, and Vietnam.

• 23 of the 51 countries surveyed have noted related party customs valuation as a high-focus enforcement area, and an additional 8 of the 51 countries surveyed have noted an increasing focus by the customs authorities in this area.

• 24 of the 51 countries surveyed have noted that retroactive transfer pricing adjustments may require corrections on previously reported export values.

• 16 of the 51 countries surveyed have noted that prospective transfer pricing adjustments will invite scrutiny by the customs authorities, while an additional 15 of the 51 countries surveyed have noted that increased scrutiny may be possible.

• New customs legislation in South Africa is expected to be implemented later in 2016 that will increase the time limit to pay additional duties owed from retroactive transfer pricing adjustments from 2 years to 3 years.

• Following the implementation of a new transfer pricing regime in Costa Rica in 2015, it remains to be seen whether this will increase scrutiny with respect to related party customs valuation.

• India is expected to implement a new Goods & Service Tax (GST) regime in October 2016 that could potentially bring greater scrutiny to related party customs values upon which import GST will be assessed.


Finally, there have been several developments on a global and regional level that may significantly impact the management and enforcement of related party customs valuation in the coming year. These include: • The European Union (EU) will implement its revised

Union Customs Code (UCC) effective 1 May 2016. Several major changes are involved, and many EU countries have noted that the changing requirements may have an impact on enforcement and practice surrounding related party customs values on imports into the EU.

• Substantial changes are also occurring in the global transfer pricing world. The implementation of the 15 Base Erosion and Profit Shifting (BEPS) action items by the Organization for Economic Cooperation and Development (OECD) member states, which emphasize a connection to customs value, is expected to lead to new transfer pricing standards. In turn, this may impact enforcement by customs authorities surrounding related party customs values. Adjusting the way an organization operationalizes and documents its transfer pricing due to BEPS may also create new customs valuation issues and operational challenges that will need to be carefully and proactively managed in order to avoid potential costs and non-compliance associated with customs requirements.

• A significant global development in the global customs world specifically relates to related party customs valuation. In June of 2015, the World Customs Organization (WCO) published a new guidance document, entitled the “WCO Guide to Customs Valuation and Transfer Pricing.” WCO Guide to Customs Valuation and Transfer Pricing. In addition to being a primer on OECD transfer pricing rules and related party customs valuation rules, the WCO’s new guide seeks to clarify two key areas that often are the subject of confusion and debate: (1) the extent to which information found in transfer pricing documentation can be useful in determining whether the price declared for imported goods has been influenced; and (2) how transfer pricing adjustments should be accounted for when determining final customs values. Further, the new WCO guide not only encourages customs and tax authorities to establish communication and to exchange information to ensure that each has the broadest picture of a company’s business and compliance record so that they can make informed decisions on the correct

revenue liability, it also encourages the authorities to consider how transfer pricing documentation may be used to support customs valuation. The WCO guide also recommends practices for customs valuation and tax policymakers, as well as business administrators, in approaching this issue. This development may have a significant and direct impact in the coming months and years on how importers will manage their related party customs values in the WCO jurisdictions that adhere to the related party customs value rules set forth in the World Trade Organization Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (see excerpt on page 4), especially those countries for which this represents the very first form of publicly available guidance ever available on this issue.

Given these developments, and based on annual surveys conducted by Deloitte over the last five years for The Link Between Transfer Pricing and Customs Valuation – Country Guide, related party customs valuation is undoubtedly attracting increasing attention on global, regional, and national levels, by both governmental authorities and importers alike. As such, it will continue to be important for importers to proactively monitor and manage further developments as they arise.

An area of continuous developmentsGiven the complexity of customs valuation and transfer pricing issues, frequent developments, as well as the increasing scrutiny of related party transactions by customs and tax authorities around the globe, The Link Between Transfer Pricing and Customs Valuation — 2016 Country Guide provides you with a starting point for your inquiries on the customs-related impacts of setting and adjusting transfer prices. It is important to note that the setting of transfer prices and the making of transfer pricing adjustments have other potential tax implications that are not directly addressed in this guide. Such issues must be assessed on a case-by-case basis.

For further information about The Link Between Transfer Pricing and Customs Valuation — 2016 Country Guide and Deloitte Touche Tohamtsu Limited’s global network of CGT professionals in general, please contact your local CGT practice contact shown at the end of this guide or click here to visit the CGT home page.

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WTO Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 — Related Party Valuation Rules excerpt

Part I: Rules on customs valuationArticle 1, paragraph 1: The customs value of imported goods shall be the transaction value, that is the price actually paid or payable for the goods when sold for export to the country of importation adjusted in accordance with the provisions of Article 8*, provided that… the buyer and seller are not related, or where the buyer and seller are related, that the transaction value is acceptable for customs purposes under the provisions of paragraph 2.

Paragraph 2:(a) In determining whether the transaction value is acceptable

for the purposes of paragraph 1, the fact that the buyer and the seller are related… shall not in itself be grounds for regarding the transaction value as unacceptable. In such case the circumstances surrounding the sale shall be examined and the transaction value shall be accepted provided that the relationship did not influence the price. If, in the light of information provided by the importer or otherwise, the customs administration has grounds for considering that the relationship influenced the price,

The following is an excerpt from the above-named agreement that sets forth the basic rules pertinent to the use of related party pricing as the basis for customs valuation in countries that are signatories to the agreement.

it shall communicate its grounds to the importer and the importer shall be given a reasonable opportunity to respond. If the importer so requests, the communication of the grounds shall be in writing.

(b) In a sale between related persons, the transaction value shall be accepted and the goods valued in accordance with the provisions of paragraph 1 whenever the importer demonstrates that such value closely approximates the customs value in sales to unrelated buyers of identical or similar goods at or about at the same time**….

In applying the foregoing tests, due account shall be taken of demonstrated differences in commercial levels, quantity levels, the elements enumerated in Article 8 and costs incurred by the seller in sales in which the seller and the buyer are not related that are not incurred by the seller in sales in which the seller and the buyer are related.(c) The tests set forth in paragraph 2(b) are to be used at

the initiative of the importer and only for comparison purposes. Substitute values may not be established under the provisions of paragraph 2(b).

* Article 1 is to be read together with Article 8 which provides, inter alia, for adjustments to the price actually paid or payable for elements that are part of the customs value but are not included in the price. Article 8 also provides for the inclusion in the transaction value the value of specified goods or services from the buyer to the seller.

** Such value is determined under the provisions of Articles 5 (deductive value) and 6 (computed value) when the customs value cannot be determined on the basis of transaction value (under Article 1).


Argentina Christian Fucinos+54 11 [email protected]

No. Question Answer

1 Is a transfer pricing study or an Advance Pricing Agreement (APA) alone viewed by the customs authorities as sufficient to support the use of the transaction value method of customs valuation?

No.

2 In practice, what evidence do the customs authorities require to substantiate that the related party price is acceptable from a customs perspective? Is it recommended to conduct a test and/or analysis under the customs rules to substantiate the arm's length nature of the related party price under the customs rules (which would be a separate test/analysis from the transfer pricing analysis)?

The customs authorities may perform a "value study" and request information to verify the related party price is acceptable. Generally, this includes a review of contracts, a list of operations that were carried out, and price lists. It is recommended that the importer conduct a test/analysis.

3 Is it possible to get the customs and tax authorities to both agree on the same price (price refers to the price paid or payable, exclusive of freight, insurance, and other additions to transaction value) for corporate tax and customs duties purposes?

No.

4 Is there any publicly available guidance from the customs authorities (i.e., not the basic rules, but an elaboration on the rules) on the treatment of related party prices and/or prospective/retroactive transfer pricing adjustments from a customs perspective?

Yes. In some cases, a reference price, or "valor criterio," is provided by the customs authorities for specific Harmonized Tariff Schedule (HTS) codes.

5 Are importers required to report to the customs authorities a post-importation change in the reported customs value (e.g., due to a retroactive transfer pricing adjustment) that increases the price paid by the importer? If yes, is there an exception to report when the duty rate is zero? If no, is there still a risk of fines or penalties?

No. However, in rare cases, penalties of 1 to 5 times the value of the imported goods may be assessed for reporting an incorrect value if discovered upon audit.

6 As applicable, if an increase to the customs value is reported, are additional customs duties and related taxes/fees due?

No, unless adjusted by the customs authorities upon audit.

7 Are importers required to report to the customs authorities a post-importation change in the reported customs value (e.g., due to a retroactive transfer pricing adjustment) that decreases the price paid by the importer? If yes, is there an exception to report when the duty rate is zero? If no, is there still a risk of fines or penalties?

No. However, in rare cases, penalties of 1 to 5 times the value of the imported goods may be assessed for reporting an incorrect value if discovered upon audit.

8 As applicable, if a change in the reported customs value decreases the customs value, are duty refunds available? If yes, is the process for requesting the duty refunds different from other value-related corrections if the change is the result of a retroactive transfer pricing adjustment?

Yes. In practice, however, duty refunds are difficult to obtain. The request process is the same.

9 In the event of a change to the reported customs value resulting from a retroactive transfer pricing adjustment, what are the time limitations for additional duty payments and/or duty refunds?

Additional duty payments and duty refunds: 5 years.

10 Are there any customs-related fines, penalties, or interest that could result from a change to customs value due to a retroactive transfer pricing adjustment? If yes, provide a brief description of the applicable fines, penalties, or interest.

Yes. Penalties of 1 to 5 times the duty owed may apply. Voluntary disclosure does not eliminate or reduce these penalties.

11 If available, what is the procedure for reporting to the customs authorities a change in the reported customs value (e.g., due to a retroactive transfer pricing adjustment or any other value correction)? Provide a brief description for reporting a change that results in: (1) an increase and (2) a decrease to the reported customs value. Is the disclosure process different from other value-related corrections if the change is the result of a retroactive transfer pricing adjustment?

There is no procedure for voluntary disclosure of the changes. However, the importer is required to amend the import declaration if the adjustment is discovered upon audit. The absence of a disclosure process is the same.

12 If available, can customs-related disclosures of customs value changes (e.g., due to retroactive transfer pricing adjustments or any other value correction) be made in the aggregate, or is a transaction-by-transaction adjustment required? Is the disclosure process different from other value-related corrections if the change is the result of a retroactive transfer pricing adjustment?

Generally, transaction-by-transaction. However, aggregate adjustments may be accepted on a case-by-case basis. The disclosure process is the same.

13 Do any customs programs currently exist to facilitate repeated value corrections (e.g., due to annual or quarterly retroactive transfer pricing adjustments)?

No.

14 If customs value increases are reported to the customs authorities, what actions must also be taken with respect to import Value Added Tax (VAT) or equivalents?

If requested upon audit, additional VAT filings may be required and additional VAT and other taxes and fees may be due.

15 If customs value decreases are reported to the customs authorities, what actions must also be taken with respect to import VAT or equivalents?

No additional VAT filings are required.

16 Other than the customs-related fines, penalties, and interest described in Question 10, are there any VAT-only fines, penalties, or interest that could apply when making a VAT-related adjustment due to a customs value increase or decrease?

Value increase and decrease: Yes.

17 Do prospective transfer pricing adjustments that result in different customs values typically invite scrutiny by the customs authorities? If yes, is there a set percentage threshold which would automatically trigger such scrutiny? If either yes or no, is there a formal process, requirement, or recommended approach to managing prospective transfer pricing adjustments prior to importing at new prices?

Yes. No set threshold exists. It is recommended that the importer proactively contact the customs authorities to discuss transfer pricing adjustments. Customs may request the transfer pricing study during such discussions.

18 Do the income tax laws or practices in your country require (for corporate income tax purposes) consistency between a taxpayer’s inventory basis (cost of goods sold) and values reported for customs purposes? If such amounts are not consistent, what are the potential risks?

No. However, in practice, the two values should be consistent because of the potential risk that customs may discover the discrepancy during an audit. Customs does review the inventory basis during an investigation and if the discrepancy is not justified, customs may impose penalties, depending on the severity of the discrepancy and the company's history with customs.

19 Is the acceptability of related party prices as the basis for determining customs value a high-focus enforcement area for the customs authorities in your country?

Yes.

20 For exported goods, must declared export values be restated as a result of the application of retroactive transfer pricing adjustments?

Yes.


Australia David Ware+61 3 9671 7518 [email protected]

No. Question Answer


No. However, transfer pricing studies and APAs may contain information that is useful for supporting the transaction value method.


As part of a Valuation Advice application, the customs authorities will require the relevant transfer pricing documentation (e.g., APA or transfer pricing study) and evidence that the adjustment was necessary to bring the operating margin into the range outlined in the APA or the transfer pricing study. It is not recommended to proactively conduct any additional testing based on customs arm's length rules; rather, this should only be done if required by the customs authorities.


Yes. The importer would apply for a Valuation Advice after an APA has been issued to obtain mutual agreement between the tax and customs authorities.


Yes. "Practice Statement No: B_IND08" provides legislative customs valuation requirements and policies for transfer pricing adjustments.


Yes. There is no exception when the duty rate is zero. Penalties may apply regardless of whether the change impacts the duty payable.


Yes.


Yes. There is no exception when the duty rate is zero. Penalties may apply regardless of whether the change impacts the duty payable.


Yes. The request process is the same. Each individual import declaration must be amended. Amendments, however, should only be made based on a Valuation Advice obtained from the customs authorities.


Additional duty payments and duty refunds: 4 years from the date of the import declaration. There is no time limitation in cases of fraud.


Yes. If the adjustment results in additional duty owed, penalties up to 5 times the amount of duty owed or AUD 54,000 per import declaration, whichever is greater, would apply, and no interest would apply. If the adjustment does not impact the duty owed or results in a duty refund, penalties up to AUD 54,000 per import declaration, but no interest would apply. If a voluntary disclosure is made, no fines, penalties, or interest would apply, unless fraud is involved.


Generally, a Valuation Advice application or disclosure is filed with the customs authorities to obtain an advance ruling on the change in value. This is the general procedure to report both increases and decreases in value. In the event of customs value changes due to retroactive transfer pricing adjustments, a Valuation Advice application is generally filed.


Disclosures can be made in the aggregate for payments and refunds. If refunds are sought, transaction-by-transaction adjustments are required; whereas, if a payment is required, this can generally be made through a single aggregate payment advice. The disclosure process is the same.


Yes. The Valuation Advice ruling process states that a binding ruling remains in place for 5 years and can be used over this period for repeated retroactive adjustments.


No additional Goods and Service Tax (GST) filings are required, unless an aggregate adjustment is made. Under this arrangement, the customs authorities would issue a payment notice, and the importer would pay the customs authorities the GST amount and claim an input tax credit for that GST amount on its next Business Activity Statement.


No additional GST filings are required. An adjustment to import value will automatically reduce the reported GST amounts.


Value increase and decrease: No.


No. The importer may submit a Valuation Advice to the customs authorities if there is a significant change to the pricing structure, the importer is under increased customs scrutiny, or the importer is seeking approval of a particular pricing structure. Outside of these circumstances, submitting a Valuation Advice is generally not recommended.


No.


Yes. It is a high area of focus and is always an area of focus during an audit of a multinational importer.


In practice, no.


Austria Christian Buergler+43 153 700 [email protected]

No. Question Answer




The customs authorities may review invoices, transfer pricing studies, or APAs. It is recommended that the importer benchmark the exporter's margin against the importer's margin and/or provide evidence to demonstrate that the price is adequate to recover all costs plus profit.


Possibly, provided that both the tax and the customs authorities agree that the price is considered to be arm’s length.


No.


Yes. There is no exception to report when the duty rate is zero.


Yes.




Yes, provided that the price change was accounted for in the contract conditions for the sale of goods and the contract was established prior to the import. The request process is the same.


Additional duty payments: 3 years from the date when the customs declaration is accepted. 10 years in cases of fraud.Duty refunds: 3 years with the possibility of extension in certain cases.


Yes. Administrative fines, penalties, or imprisonment, as well as interest, may apply. Generally, if a voluntary disclosure is made, fines, penalties, or imprisonment may be reduced or eliminated, but the late payment interest would still apply.


There is no set procedure for either an increase or decrease. The disclosure process is the same.


Transaction-by-transaction. The disclosure process is the same.


No.


The VAT filing must be amended to adjust the amount of input tax (provided the importer is not fully entitled to recover input VAT). Any additional VAT owed must be paid.


No additional VAT filings are required, provided that the VAT deduction is applicable. If the VAT deduction is not applicable, the VAT filing must be amended to adjust the amount of import VAT.


No.


Possibly. No set threshold exists. It is recommended that the importer file a provisional customs declaration, provided that a final value can be determined within one month of filing of the initial customs declaration.


No.


Yes.


No, unless the change in export value impacts the collection of customs duties.


Belgium Fernand Rutten+32 2 600 66 [email protected]

No. Question Answer




The customs authorities may request transfer pricing agreements, proofs of payment, declaration of third party accounts stating that the transfer prices invoiced are the only payments made for the sale, calculations of production costs, and evidence on the margins achieved on goods sold to third parties. It is recommended to conduct a customs valuation analysis.


Yes.


The customs authorities have published administrative clarifications that address customs valuation and related party pricing. However, these publications do not address the treatment of prospective/retroactive transfer pricing adjustments.




Yes.




Yes. The request process is the same.


Additional duty payments and duty refunds: 3 years after the closing of the verification activities by the customs authorities.


Yes. Penalties, plus late payment interest of 9.6% per year, may apply. In principle, no penalties apply in case of voluntary disclosure, although interest would still apply. If a ruling providing for amendments of the customs value due to periodic price amendments is in place, penalties may be avoided.


The importer should contact the customs authorities to seek guidance on how to proceed.


Generally, transaction-by-transaction. Aggregate adjustments may be accepted in certain ad-hoc cases. In principle, the disclosure process is the same. In practice, disclosures regarding customs value changes due to transfer pricing adjustments are specific and would likely require individual review.


Yes. A company-specific ruling from the customs authorities may facilitate repeated retroactive adjustments.


If the importer does not have an ET 14.000 license to defer the import VAT to the VAT return, no additional VAT filings are required and any additional VAT would be automatically paid to the customs authorities. If the importer does have an ET 14.000 license, the correction must be made in the periodic VAT return covering the month in which the adjustments were made.


If the importer does not have an ET 14.000 license to defer the import VAT to the VAT return, no additional VAT filings are required. If the importer does have an ET 14.000 license, the correction must be made in the periodic VAT return covering the month in which the adjustments were made.


Value increase: Yes. Penalties of up to 20% of the VAT owed plus interest of 0.8% per month may apply if the adjustment is discovered upon audit. If a voluntary disclosure is made, only late payment interest may apply.Value decrease: No.


No. It is recommended that the importer proactively contact the customs authorities to discuss prospective transfer pricing adjustments and to obtain an advance valuation ruling on the requirements for modifying the customs value.


No. However, in practice, the two values should be consistent. There is a potential risk that the tax and customs authorities may exchange information and reject/amend either the taxpayer's taxable basis or customs value.


Yes.


No.


Brazil Douglas Nogueira Lopes+55 11 5186 [email protected]

No. Question Answer




Customs authorities would invite the importer to submit a customs value declaration and may request contracts, price lists, and accounting registries to support the related party price. Brazilian authorities may also contact customs authorities in certain countries of export for information regarding export values declared. It is recommended that the importer maintain a list of related suppliers and controls applied to the declared customs value to support related party prices and related party price adjustments that could trigger the customs authorities' attention.


Generally, no.


No.


No. There is a risk of fines and penalties in the event that fraud is found or in the event of a customs audit.


N/A. However, if the customs authorities increase the customs value based on a customs audit, any additional customs duties and taxes owed would be levied.


No, and there is no risk of fines or penalties. Brazilian legislation defines transfer pricing adjustments and customs valuation as distinct and independent matters. As such, there is no obligation to amend previous customs entries when making retroactive transfer pricing adjustments. Please note that Brazil does not follow the Organization for Economic Co-Operation and Development (OECD) guidelines and retroactive transfer pricing adjustments can only be made within the current calendar year.


N/A


N/A


N/A. However, if the customs authorities increase the customs value based on a customs audit due to unacceptable customs values, a fine of 2 times the difference between the customs value originally declared and the corrected customs value may apply.


N/A


N/A


No.


N/A. However, if the customs authorities increase the customs value based on a customs audit, additional customs duty and VAT would be assessed.


N/A. However, if the customs authorities increase the customs value based on a customs audit, then a VAT credit would automatically result.


Value increase and decrease: Generally, no. However, a 75% fine on the difference of the federal VAT levied on imported goods would apply in connection with the customs fine.


Possibly. A variance in the customs value of 10% or more would likely trigger the customs authorities' scrutiny. It is recommended that the importer proactively contact both the tax and customs authorities to discuss the transfer pricing adjustments before a prospective adjustment occurs.


No. However, in practice, the two values should be consistent.


Generally, no.


No.


CanadaNo. Question Answer


Generally, yes.


The customs authorities will typically accept transfer prices as a basis for customs values, unless more specific pricing information related to the specific import is available (e.g., prices to unrelated customers in Canada or published free market prices such as commodity market prices). In such cases, it is recommended to conduct a "test values" test.


Yes. Generally, the customs authorities will accept the arm's length price determined for tax purposes as not influenced by the relationship, provided that it is supported (e.g. by a transfer pricing study). However, the transfer price is subject to specific adjustments under the Customs Act that may or may not be applicable. Further, each authority (tax and customs) reserves the right to make an independent decision.


Yes. Customs Departmental Memorandum D13-3-6, entitled "Income Tax Transfer Pricing and Customs Valuation," describes the interaction between transfer pricing and customs value. It also acknowledges that the customs authorities will generally accept a transfer price established under Organization for Economic Cooperation and Development guidelines. Customs Departmental Memorandum D13-4-5, entitled "Transaction Value Method for Related Persons," also provides information on this topic.


Yes.


Yes.


Yes, provided appropriate supporting documentation is available. There is no exception to report when the duty rate is zero.


Yes, provided appropriate supporting documentation is available. The request process is generally the same.


Additional duty payments: within 90 days of booking or invoicing the adjustment (whichever is earlier). The obligation to adjust ends 4 years after the date that the goods are accounted for under the Customs Act. Duty refunds: within 4 years of original date of accounting.


Yes. Interest is applied based on the duty and/or taxes owed. If increases in value for dutiable goods or decreases in value for non-dutiable goods are not reported within 90 days, penalties may be issued and are based on the number of affected transactions or the number of issues being penalized. Penalties generally apply at CAN 150, CAN 225, or CAN 450 per affected transaction depending on level applied, and may be subject to maximums of CAN 5,000 or CAN 25,000 for first level penalties, CAN 200,000 at second level, and CAN 400,000 at third and subsequent levels. A voluntary disclosure, if accepted, should waive penalties and may reduce/waive interest. Failure to file a refund request is not subject to penalty.


An importer must file a correction within 90 days of discovering the value error in the original declaration. If the correction is made after 90 days, a voluntary disclosure must be filed. If there is a value decrease, the refund request may be filed within four years after the original declaration. The disclosure process is the same.


Aggregate adjustments may be agreed with the customs authorities. The disclosure process is the same.


No. However, obtaining a blanket authorization may allow for future retroactive adjustments on a case-by-case basis.


Additional Goods and Services Tax (GST) must be paid to the customs authorities on amended entries, and can be claimed as an input tax credit on the GST return provided that the importer is eligible to claim such credits.


If customs value decreases are reported to the customs authorities, and the importer is either a non-registrant or does not recover full input tax credits, it may be possible to recover the GST from the tax authorities. The form and process varies depending on the circumstances.


Value increase and decrease: No. However, if a non-Canadian vendor is registered for GST/Harmonized Sales Tax (HST), they might be required to collect VAT (GST/HST) in connection with a value increase, and may be subject to the assessment of interest and/or penalties if the GST/HST is not collected and remitted.


Possibly, if the value reported significantly differs from the prior reporting period. No set threshold exists. It is recommended that the information and support for making a prospective adjustment be appropriately documented and maintained.


No.


Yes.


Yes.

Daniel Kiselbach+1 604 640 3821 [email protected]

Lisa Zajko +1 604 640 [email protected]

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Chile Rocio Crespillo+56 22 729 [email protected]

Alejandro Paredes+56 22 729 8216 [email protected]

No. Question Answer


No.


The customs authorities may request documentation regarding the import of similar goods. No test/analysis is recommended.


Yes.


No.


No, and there is no risk of fines or penalties.


No.




No.


N/A


No.


N/A


N/A


No.


N/A


N/A




Possibly. It is recommended that the information and support for making a prospective transfer pricing adjustment be appropriately documented and maintained. The importer may also proactively contact the customs authorities to discuss the transfer pricing adjustments. For even greater certainty, the importer may request an APA with the corporate tax authorities and provide a copy of the APA to the customs authorities. The adjustment should be made within the same fiscal year.


Yes. The potential risk is the denial of the corporate tax deduction.


No.


No.


ChinaNo. Question Answer




Evidence would include, but is not limited to, the sales price from the same seller to third parties in China, price composition, margin earned by the seller and the buyer in relation to the supply of goods in question, transfer pricing documentation, and a benchmarking study. An explanation letter justifying the rationale of the related party prices is recommended.


Possibly. Although difficult to achieve in practice, the authorities may agree on the same price if there is a reasonable basis to do so.


No.


No. Reporting is voluntary, although recommended to avoid potential penalties that may result from an audit.


Yes.


No. Reporting is voluntary, although recommended to avoid potential penalties that may result from an audit.




Additional duty payments: 3 years. Duty refunds: 1 year.


Yes. For value increases that result from an audit, administrative penalties of 30% to 200% of the duty owed, plus interest, may apply on a case-by-case basis. For value decreases, a warning or administrative penalties of RMB 1,000 to RMB 10,000 may apply on a case-by-case basis. If a voluntary disclosure is made, penalties and interest may be reduced or waived on a case-by-case basis.


If the importer elects to report, the importer should contact the customs authorities to seek guidance on how to proceed. The disclosure process is the same.


Transaction-by-transaction or aggregate, depending on the requirements of the customs authorities involved. In general, aggregate is more common in practice. The disclosure process is the same.


No.


No additional VAT filings are required. An adjustment to import value will automatically result in the assessment of additional VAT.


No additional VAT filings are required. However, VAT refunds are difficult to obtain.


Value increase: Yes. Administrative penalties of 30% to 200% of the import VAT owed, plus interest, may apply.Value decrease: No.


Yes. No set threshold has been published. However, in practice, a 5% variance in price may trigger customs’ scrutiny in Shanghai. It is recommended that the information and support for making a prospective adjustment be appropriately documented and maintained and that the importer be prepared to answer any questions regarding its related party pricing and prospective transfer pricing adjustments. The importer could seek an advance agreement with the customs authorities, but it may be difficult to obtain.


Generally, no. However, the Processing Trade Relief provisions require consistency. Also, a significant variance may trigger scrutiny by the tax authorities.


Yes.


No. Reporting is voluntary although recommended to mitigate potential penalties that may result from an audit.

William Francis Marshall+852 285 [email protected]

Sarah Chin +852 285 26440 [email protected]

Dolly Zhang +86 21 6141 [email protected]


Colombia Pedro Sarmiento+57 1 426 [email protected]

No. Question Answer


No.


The customs authorities may request the invoice and Andean Value Declaration. No test/analysis is required.


Possibly. Tax and customs operate as two branches within one authority, but separate methodologies are used to evaluate pricing. There are no procedures to coordinate decision making between the two branches.


No.


No. However, importers may voluntarily report the change. There is a risk of fines or penalties if the change is discovered upon audit or if duties are owed.


Yes.




Yes. In practice, however, duty refunds are difficult to obtain. No formal request process exists.


Additional duty payment and duty refunds: 3 years from the date of the accepted import declaration.


Yes. If the customs authorities pursue an investigation, penalties of 50% of the difference between the declared value and the adjusted value, plus additional duties and interest, may apply. If a voluntary disclosure was made, penalties are reduced by 20%.


No formal procedures exist. In the event of an increase, the importer may submit a corrected import declaration and pay any additional penalties and interest due. In the event of a decrease, the importer may submit a corrected import declaration but will not receive a refund.


Transaction-by-transaction adjustments may be required by the customs authorities as the result of an audit. The disclosure process is the same.


No.


No additional VAT filings are required. Any additional VAT owed must be paid.


N/A


Value increase: Yes. Penalties of 10% of the additional VAT owed, plus interest, may apply.Value decrease: No.


No. It is not recommended to significantly adjust transfer prices on a prospective basis. It is recommended that any such adjustments be made gradually with long time intervals between adjustments.


Yes. The potential risk is an investigation by one or both branches (tax and/or customs).


No. However, the customs authorities do review customs values regardless of whether the parties are related.


No, but recommended.


Costa Rica Rafael Gonzalez+506 2246 [email protected]

Mario Hidalgo+506 2246 [email protected]

No. Question Answer


Transfer pricing studies are a relatively new requirement. As such, it remains to be seen how this will be viewed by the customs authorities. It is expected that a transfer pricing study or an APA alone will not be sufficient.


The customs authorities do not currently review the arm's length nature of sales between related parties.


Possibly. Tax and customs operate as two branches within one authority, but separate methodologies are used to evaluate pricing. There are no procedures to coordinate decision making between the two branches.


No.


Whether the customs authorities will expect importers to report increased customs values due to the retroactive transfer pricing adjustments remains to be seen as the new transfer pricing laws are applied in practice.


Currently, the importer is required to report an increase in declared customs values that have changed for other reasons. Whether the customs authorities will expect importers to report the change in customs values resulting from transfer pricing adjustments remains to be seen as the new transfer pricing laws are applied in practice.


Whether the customs authorities will expect importers to report decreased customs values due to retroactive transfer pricing adjustments remains to be seen as the new transfer pricing laws are applied in practice.


Yes. Whether the customs authorities will expect importers to report changes in customs values resulting from transfer pricing adjustments remains to be seen as the new transfer pricing laws are applied in practice.


Whether the customs authorities will provide specific rules for amending customs values due to transfer pricing adjustments remains to be seen as the new transfer pricing laws are applied in practice. Additional duty payments and duty refunds related to changes in customs value for other reasons is 4 years.


Value increase: Whether the customs authorities will expect importers to report increased customs values due to retroactive transfer pricing adjustments remains to be seen as the new transfer pricing laws are applied in practice. When there is an increase to the reported customs values for other reasons, fines and interest may apply. If a voluntary disclosure is made, reduced fines would apply.Value decrease: Whether the customs authorities will expect importers to report decreased customs values due to retroactive transfer pricing adjustments remains to be seen as the new transfer pricing laws are applied in practice. When there is a decrease to the reported customs values for other reasons, no fines or interest are applicable.


N/A


N/A


No.


Whether the customs authorities will expect importers to report increased customs values due to retroactive transfer pricing adjustments remains to be seen as the new transfer pricing laws are applied in practice.When there is an increase to the reported customs values for other reasons, General Sales Tax (GST) must be paid to the customs authorities on amended import declarations and can be claimed as an input tax credit on the GST return, provided that the importer is eligible to claim such credits. Also, the importer has to reconcile the GST return in order to include the new GST credit in the proper (monthly) return.


Generally, the customs authorities will not refund GST on commercial goods.


Value increase: Yes. Fines and interest may apply. If a voluntary disclosure is made, reduced fines would apply.Value decrease: No.


Possibly. It remains to be seen how the customs authorities will handle customs value changes due to prospective transfer pricing adjustments. It is possible that related party transactions may invite more scrutiny from the customs authorities in 2016.


Yes. The potential risk is an investigation by one or both branches (tax and/or customs).


No. However, the customs authorities do review customs values regardless of whether the parties are related.


No.


Czech Republic Marek Fort+420 246 042 [email protected]

No. Question Answer




The customs authorities generally require an invoice. If prices vary widely from similar imports, additional documentation (including the transfer pricing analysis) may be requested. No additional test/analysis is required. However, an analysis to substantiate the arm's length nature of the related party price under the customs rules is recommended.


Possibly, but this is untested.


No.




Yes.






Additional duty payments and duty refunds: 3 years from the date of release of the imported goods. This time limitation is extended to 10 years for criminal acts.


Yes. Fines of up to CZK 4,000,000, plus penalties of 20% of the duty owed, may apply. No interest would apply. If a voluntary disclosure is made, no fines, penalties, or interest would apply.


The importer should submit an application to the customs authorities for the correction of declared customs values. If the new customs value is higher, then the customs authorities will calculate the additional customs duty owed and issue an additional payment assessment. If the new customs value is lower, then the customs authorities will decide whether customs duty will be refunded. The disclosure process is the same.


Transaction-by-transaction adjustments are required. The disclosure process is the same.


No.


The ordinary VAT return for the period in which the change was made must be adjusted to reflect the new VAT tax base and VAT amount.


The ordinary VAT return for the period in which the change was made must be adjusted to reflect the new VAT tax base and VAT amount.


Value increase: Yes. If the adjustment is discovered upon audit, penalties of 20% of the VAT owed, plus interest and a fine of up to CZK 50,000, may apply. If an adjusted VAT return is filed, no penalties or interest would apply.Value decrease: No.


No. There is no formal process to proactively address this with the customs authorities. However, it is recommended to contact the customs authorities in advance.


Yes. The potential risk is the denial of the corporate tax deduction including relevant fines, penalties, and interest.


No. However, transfer pricing in general is subject to increased scrutiny by tax authorities.


Yes.


Denmark Lone Friis+45 222 02 [email protected]

No. Question Answer




The customs authorities may request transfer pricing studies, APAs, invoices, and price lists, though the evidence requested will vary on a case-by-case basis. It is recommended to conduct a test/analysis.


No.


No.




Yes.






Additional duty payments and duty refunds: 3 years from the date of release of the imported goods. This time limitation is extended to 5 years for criminal acts.


Yes. Penalties of up to 50% of the duty owed may apply if the adjustment is discovered upon audit. If a voluntary disclosure is made, there may be reduced or zero penalties. No interest would apply in either case.


The importer should file a general correction form, including supporting documents, and a letter of explanation. The disclosure process is the same.


Transaction-by-transaction. The disclosure process is the same.


No. However, in the event that the final invoice is not available, the "provisional customs clearance" agreement may facilitate repeated adjustments. The customs declaration should clearly indicate that the value is provisional and will be adjusted after customs clearance.


For importers with a deferred payment arrangement, VAT will automatically be corrected if the importer files a correction. For other importers, import VAT need not be corrected in the VAT return if an importer has the right to a full deduction of import/input VAT.


For importers with a deferred payment arrangement, VAT will automatically be corrected if the importer files a correction. For other importers, import VAT need not be corrected in the VAT return if an importer has the right to a full deduction of import/input VAT.




No. The percentage threshold of change to customs value will vary depending on the goods involved. There is no process to proactively address this with the customs authorities.


No.


No.


Generally, yes.


Ecuador Joseph Soto+593 4 3700 100 Ext [email protected]

No. Question Answer




Generally, invoices, contracts, and payments are acceptable. It is recommended that the importer conduct a specific test or analysis under customs rules.


No.


No.




Yes.




Yes. The process for requesting duty refunds is specific and different than other value-related corrections.


Additional duty payments: 5 years from the date of entry.Duty refunds: N/A


No.


No disclosure process is available for customs value changes resulting from retroactive transfer pricing adjustments. For a customs value increase or decrease resulting from other value related corrections, a customs filing, plus the payment of fines and interest owed, is required.


No disclosure process is available for customs value changes resulting from retroactive transfer pricing adjustments. For customs value changes resulting from something other than a retroactive transfer pricing adjustment, transaction-by-transaction adjustments are required.


No.


An amended VAT filing is required to reflect the revised amount.


No additional VAT filing is required.


No.


Yes. No set threshold exists. There is no process to proactively address this with the customs authorities.


Yes. The potential risk is increased scrutiny by either the tax or customs authorities, or both. Discrepancies between the inventory basis (cost of goods sold) and the customs value may trigger an investigation by the tax authorities.


No.


No.


Egypt Kamel Saleh+20 2 2290 [email protected]

No. Question Answer


Generally, yes.


N/A


No.


No.


No. However, there is a risk of fines and penalties that may result from the declaration of an incorrect customs value. Also, this may lead to an increased risk of audit or increased scrutiny by the customs authorities.


N/A




N/A


N/A


N/A


N/A


N/A


N/A


N/A


N/A


N/A


Yes. No set threshold exists. It is recommended that the importer compare their prices against the customs authorities' guidance price lists prior to importation.


Generally, no. However, in practice, the two values should be consistent. The potential risk is the denial of the corporate tax deduction. In all cases, the tax authorities use the customs authorities' validated information via an online system.


No.


No.

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France Odile Courjon+33 1 40 88 29 [email protected]

No. Question Answer




The customs authorities may request a cost analysis of the transfer prices and transfer pricing documentation. No advance test and/or analysis is recommended.


Generally, no. The customs and tax authorities communicate with each other, but there are no procedures to coordinate decision making between the two authorities.


Yes. There is a guidance publication entitled, "Réglement particulier: la valeur en douane (Special Regulation: Customs Value)," which defines the concept of transfer pricing and the use of the "provisional customs clearance" program. The new Union Customs Code (UCC) taking effect on 1 May 2016 may impact current practice.




Yes.


Yes. In practice, the customs authorities are reluctant to grant retroactive transfer pricing decreases in customs value without proper support, even when a prior agreement is in place. There is no exception to report when the duty rate is zero. This may change once the new UCC takes effect on 1 May 2016.


Duty refunds are difficult to obtain. It may become easier to obtain refunds once the new UCC takes effect on 1 May 2016.


Additional duty payments and duty refunds: 3 years from the date of the price change (taxable event), unless there is an advance agreement in place that requires the change to be reported within the same year.


Yes. Depending on the violation, penalties between 1 and 2 times the value of goods, plus interest — and in some cases, confiscation of the goods — may apply to upward adjusted values, unless the importer is in the "provisional customs clearance" program.


Generally, there is no formal procedure, other than making an additional customs filing. However, the importer could implement a "provisional customs clearance" agreement prior to the importation of the goods. This agreement would specify the procedure to make adjustments. The disclosure process is the same.


Generally, transaction-by-transaction. However, aggregate adjustments may be permitted if the "provisional customs clearance" program has been implemented. The disclosure process is the same.


No specific program exists. The importer may request an advance valuation ruling or enter into a "provisional customs clearance" agreement.


No additional VAT filings are required. VAT will be collected by customs.


The original invoices must be canceled and reissued in addition to the customs declaration being amended. The overpaid VAT could be refunded or credited on the VAT return depending on the advance agreement with the authorities.




Yes. There is no process to proactively address this with the customs authorities, with the exception of obtaining a "provisional customs clearance" agreement or an APA.




Increasingly, yes.


No, but recommended.


Germany Michael Schaefer+49 621 15901 [email protected]

No. Question Answer




There is no exhaustive list, but generally customs will accept some combination of evidence (customs declaration for similar goods, audit reports, or transfer pricing documentation, studies or calculations) to substantiate the arm's length nature of the sale. It is recommended that the importer conduct a test or analysis under the customs rules.


Yes. The customs authorities could accept the arm´s length price determined for tax purposes, provided that it is supported by a transfer pricing study, among other things.


Yes. Customs authorities have published internal guidance VSF Z 51 01 that addresses the related party pricing treatment.


Yes, provided that a written contract or transfer pricing agreement indicating that a change in price may occur was in place prior to the date of importation. There is no exception to report when the duty rate is zero.


Yes.


Yes, provided that the change was agreed in a transfer pricing adjustment agreement prior to importation. There is no exception to report when the duty rate is zero.


Yes, upon application by the importer, provided that a written contract or transfer pricing agreement indicating that a change in price may occur was in place prior to the date of importation. The request process is the same.


Additional duty payments and duty refunds: 3 years from the date the customs declaration is accepted. This time limitation can be extended to 10 years in cases of fraud.


Yes. Penalties and, in cases of tax fraud, interest may apply. In cases of tax evasion, the penalty amount is up to EUR 50,000. In cases of fraud, imprisonment of up to 10 years may apply. If a voluntary disclosure is made, fines up to 20% of the duty owed may apply in cases of tax fraud and no fines in cases of tax evasion. However, customs may still impose a penalty in the amount equal to its determination of the "economic benefit" received by the importer due to the under-declaration of value.


The importer must amend each customs declaration. Beforehand, the importer should contact the customs authorities to seek guidance on how to proceed. The disclosure process is the same.




No.


No additional VAT filings are required. If the importer is not fully entitled to recover import VAT, an adjustment to import value will automatically result in the assessment of additional VAT. If the importer is fully entitled to recover import VAT, the additional VAT will not be assessed.


No additional VAT filings are required. An adjustment to import value will automatically result in a refund of the overpaid VAT. The difference between the import VAT claimed for input VAT recovery from the tax authorities and the import VAT assessed and refunded by the customs authorities will need to be paid to the local tax office.


Value increase and decrease: Yes. Fines and interest may apply, but no penalties. If a voluntary disclosure is made, no fines would apply.


Possibly, during an audit. No set threshold exists. However, it is recommended that the information and support for making a prospective adjustment be appropriately documented and maintained, and that the importer be prepared to answer any questions regarding its related party pricing and prospective transfer pricing adjustments.


No.


Yes.


No.


Guatemala Byron Martinez+502 2384 6500 Ext [email protected]

No. Question Answer


No.


The customs authorities may request transaction documents. No test/analysis is required.


No.


No.




N/A




N/A


N/A


No.


N/A


N/A


No.


N/A


N/A


N/A


Yes, if the value is decreased. No set threshold exists. There is no process to proactively address this with the customs authorities.




No.


No.


Hungary Péter Gémesi+36 1 428 [email protected]

No. Question Answer




The customs authorities may request invoices, transfer pricing studies, APAs, or price lists of similar products. It is recommended to proactively conduct a test/analysis that could be provided to the customs authorities, if needed.


Yes.


No.




Yes.


No, and there should be no risk of fines or penalties.




Additional duty payments and duty refunds: 3 years after the closing of the verification activities by the customs authorities, which occurs typically 21 days after import.


Yes. If the customs authorities determine duties are owed, the penalty rate is generally 100% of the duty owed (or 200% for excise products), with a minimum of HUF 4,000. If the customs authorities determine no duties are owed, a maximum penalty of HUF 1 million may be assessed. If a voluntary disclosure results in duty owed, there will be no penalty, but a correction fine between HUF 3,000 and HUF 2 million may be assessed, depending on the timing of the disclosure. If a voluntary disclosure results in no duty owed, no penalties will apply. Interest will also apply to duties owed and correction penalties.


The importer must amend the affected import declarations. The disclosure process is the same.


Typically, transaction-by-transaction adjustments are required. Some regional customs authorities may allow aggregate adjustments. The disclosure process is the same.


No.


The VAT filing must be amended to adjust the amount of input tax (provided the importer is not fully entitled to recover input VAT). Any additional VAT owed must be paid.


No additional VAT filings are required, provided that the VAT deduction is applicable. If a VAT deduction is not applicable, the VAT filing must be amended to adjust the amount of import VAT.




No. It is recommended that the importer proactively contact the customs authorities to discuss prospective transfer pricing adjustments to avoid fines or penalties.




Generally, no. However, there is increasing scrutiny in this area.


No.


India Prashant Deshpande+91 22 6185 [email protected]

No. Question Answer




The customs authorities may request, among other documentation, transfer pricing documents, APAs, comparable invoices, price lists, deductive value computations, or cost construction statements to support that the price has not been influenced by the relationship or to demonstrate that the price for the goods closely approximates test values under customs rules. It is recommended to conduct a test/analysis. Also, for related party imports with significant revenue implications, the customs authorities may refer the case to the Special Valuation Branch (SVB) for investigation and to finalize the duty assessment based on the SVB findings.


No. There are no formal procedures. However, the two authorities increasingly share information.


No.


Possibly. Any post-importation change in the reported customs value must be reported if any additional duty is owed. However, even if the duty rate is zero, it is recommended that the importer reports the increase in value when liable for additional payment other than duties. Non-reporting of such value increases may result in penalties when discovered upon audit.


Yes, except where the duty rate is zero.


Generally, no. However, if imports were cleared under provisional assessment, a post-importation change in the reported customs value made prior to the final valuation determination should be determined and the correct amount of duty and interest deposited. If the goods were cleared under final assessment and the duty rate is zero, there is no requirement to report. There is no risk of fines or penalties.


No.


Additional duty payments: 1 year. The time limitation is extended to 5 years in cases of evasion. Duty refunds: N/A


Yes. Generally, only interest would apply. However, penalties of up to the amount of duty owed, plus interest, may apply in cases where the customs authorities find an intent to evade duty in the final valuation determination. Materially false or incorrect declarations, statements, or documents made knowingly or intentionally are subject to penalty up to five times the customs value of the goods.


The importer should document the facts relating to the change, pay the additional duties and interest owed, and seek acknowledgment of the submission made to the customs authorities. The disclosure process is the same.


Transaction-by-transaction disclosures are required for any customs value changes being reported.


No.


No additional VAT filings are required. Note that a new Goods and Service Tax (GST) regime is expected to be implemented in 2016, which may result in new requirements.


N/A. Note that a new GST regime is expected to be implemented in 2016, which may result in new requirements.


Value increase and decrease: No. Note that a new GST regime is expected to be implemented in 2016, which may result in new requirements.


No. However, any prospective transfer pricing adjustment resulting in a material change in the basis or method of import pricing must be promptly reported to the customs authorities.


No. However, in practice, the two values should be consistent. The potential risk is a demand for customs duties, plus interest and penalties, and/or further transfer pricing adjustments if the price differences are not satisfactorily explained.


Yes.


Yes.


Indonesia Turmanto Turmanto+62 21 2992 3100 Ext [email protected]

Imam Basuki Rahmanto+ 62 21 2992 [email protected]

No. Question Answer




Complete transactional documentation (invoice, packing list, bill of lading/air waybill, sales contract, purchase order, pro forma invoice, etc.) at the time of clearance is required to support the customs authorities in their analysis of related party pricing.


No.


No.


No. However, any attempt to voluntarily disclose such adjustments will not reduce or eliminate potential penalties. There is a risk of fines or penalties.


Yes.




N/A


Additional duty payments: 2 years from the date of import declaration. Duty refunds: N/A


Yes. A maximum penalty of 1000% of the duty owed may apply depending on the amount of duty owed and the tariff provisions applied to the imported goods. Voluntary disclosure does not eliminate or reduce these penalties.


N/A


Transaction-by-transaction or aggregate, depending on the requirements of the customs authorities conducting the audit. There is no disclosure process for reporting customs value changes resulting from retroactive transfer pricing adjustments.


No.




N/A


Value Increase: Interest of 2% of the VAT owed per month, for a maximum of 24 months, may apply if the adjustment is discovered upon audit. The interest is calculated from the date the payment is due, which is 60 days from the date the payment is assessed.Value decrease: No.


Yes, if the value is decreased. No set threshold exists. However, the use of transaction value may be rejected if the price decrease is significant (e.g., more than 5% variance). It is recommended that the information and support for making a prospective transfer pricing adjustment be properly documented and maintained.


No. However, in practice, the two values should be consistent. The inconsistency may draw scrutiny from the customs authorities, and a downward adjustment to inventory value may draw scrutiny from the tax authorities.


Yes.


No.


Ireland Ted Holohan+353 21 490 7080 [email protected]

No. Question Answer




Customs authorities accept transfer pricing documentation and studies to substantiate the arm's length nature of the sale. No additional tests are needed.


Yes.


No.


Yes. It is required to report when the duty rate is zero, but an exception may be agreed to with the customs authorities. In practice, it is best to report when the duty rate is zero.


Yes.


Yes, provided the adjustment exceeds 5% of the originally declared value of the goods. It is required to report when the duty rate is zero, but an exception may be agreed to with the customs authorities. In practice, it is best to report when the duty rate is zero.




Additional duty payments and duty refunds: 3 years from the date of importation. This time limitation may be extended in cases of fraud.


Yes. Interest may apply from the date when the debt was communicated (as opposed to the date of the adjustment or the date of the original import). In practice, it is unlikely that penalties would be applied.


The importer should file Form C&E 125A with the customs authorities and amend the original import declaration. The disclosure process is the same.


Generally, transaction-by-transaction adjustments are required. However, aggregate adjustments may be accepted on a case-by-case basis, depending on the volume of affected transactions. The disclosure process is the same.


No.


No additional VAT filings are required. The customs authorities may require the importer to pay any additional VAT owed.


In practice, no additional VAT filings should be required.


Value increase: Yes. Penalties and interest may apply. Value decrease: No.


No. However, transfer pricing is a relatively new feature of Irish taxation, and such scrutiny may be introduced in due course. There is no recommended approach.


No. Direct tax is based on accounting policies, while customs valuations follow EU rules. However, one could expect that large disparities between the two values would result in some inquiries by an auditing tax official.


No. However, transfer pricing is a relatively new concept, and it remains to be seen how this will be viewed by the customs authorities.


Yes.


Israel Zvi Friedman+972 3 608 [email protected]

No. Question Answer


No.


Customs authorities may request sales agreements, internal records (e.g., price lists, catalogues, correspondence), a statement regarding the relationship of the parties, information on sales to unrelated parties, or any documentation that substantiates the arm's length nature of the sale.


Possibly, if the price is considered to be arm's length.


Yes. The customs authorities have published "Customs Procedure Chapter 2 – Evaluation," which addresses related party pricing. However, this publication does not address the treatment of prospective/retroactive transfer pricing adjustments.




Yes.






Additional duty payments and duty refunds: 5 years from the date of the taxable event.


Yes. Fines, interest, and an inflation adjustment will apply.


There is no formal procedure. The typical approach would be to amend the import declaration. The disclosure process is the same.




No.






No.


Possibly. No set threshold exists. The customs authorities use several criteria to assess risk. It is recommended that the importer obtain an advance ruling and that information to support a prospective adjustment be appropriately documented and maintained.


No. However, in practice, the two values should be consistent. There is a potential risk that the tax and customs authorities may exchange information and reject/amend either the taxpayer's taxable basis or customs value.


Yes.


Yes.


Italy Alessandra Di Salvo+39 [email protected]

No. Question Answer


No. However, the transfer pricing study or international ruling (which is similar to an APA and can be unilateral, bilateral or multilateral) may contain information that is useful for supporting the transaction value method.


In practice, customs authorities may require sales agreements and transfer pricing documentation, as well as information regarding company structures and the relationship of the parties. It is recommended that the importer conduct a test or analysis under customs rules to substantiate the arm's length nature of the sale.


Generally, no. While there are no formal procedures that govern how the tax and customs authorities would arrive at the same price, it may be possible to arrange for a meeting with the two authorities to obtain joint approval. Based on Circular Letter 16/D issued on 6 November 2015, the customs authorities have indicated they may exchange information with the tax authorities and accept transfer pricing documentation in support of related party customs values after examining the circumstances of the sale.


Yes. Circular Letter 16/D addresses the treatment of related party prices and post-transaction transfer pricing adjustments.


Yes. If the importer has a transfer pricing agreement in place, there is no exception to report when the duty rate is zero. However, according to Circular Letter 16/D, post-transaction transfer pricing adjustments can only be supported under a transfer pricing agreement. It remains to be seen how the resulting gray area will be resolved.


Yes.


Yes. There is no exception to report when the duty rate is zero. However, according to Circular Letter 16/D, post-transaction transfer pricing adjustments can only be supported under a transfer pricing agreement. It remains to be seen how the resulting gray area will be resolved.


No, unless the importer utilized the “provisional customs clearance” program or the transfer pricing adjustment can be supported under a transfer pricing agreement. However, some importers may file a refund claim and pursue the refund via litigation.


Additional duty payments and duty refunds: 3 years from the date of the taxable event. Should the failure to pay customs duties be caused by criminal activity, the 3-year customs statute of limitations starts on the date on which the judgment in the criminal proceeding becomes final.


Yes. Penalties from EUR 103 to up to 10 times the duty owed, plus interest, may apply when there is a variance in duty owed greater than 5%. However, no penalty will be assessed if the importer has implemented the "provisional customs clearance" program or has filed a voluntary disclosure (before a customs audit commences).


The importer should obtain a "provisional customs clearance" authorization before the importation of the goods to report increases or decreases to customs value post-importation. In the event of retroactive transfer pricing adjustments, this authorization will specify the procedure for making such adjustments. However, if the "provisional customs clearance" program has not been implemented, voluntary disclosure is an option if a transfer pricing agreement exists. The disclosure process is the same.


Generally, transaction-by-transaction adjustments are required. However, aggregate adjustments may be authorized if a "provisional customs clearance" program is in place, a specific authorization is obtained in advance, and a transfer pricing agreement exists. The disclosure process is the same.


Possibly. The "provisional customs clearance" agreement may facilitate repeated value corrections. However, the time period to declare final values must be negotiated with the customs authorities (the time period cannot exceed 3 years).




No additional VAT filings are required, although a request must be made to obtain a refund of overpaid VAT. However, this is not recommended because the importer may have already recovered input VAT through the monthly VAT computation.


Value increase: Yes. VAT fines are assessed collectively with customs fines as described in response to question 10. However, no penalty will be assessed if the importer has implemented the "provisional customs clearance" program or has filed a voluntary disclosure (before a customs audit commences). Value decrease: No.


Possibly. No set threshold exists. Customs values are scrutinized on a transaction-by-transaction basis. However, the risk of a customs audit may increase if the price of the same product changes within the same year.




Yes, and the scrutiny is expected to increase.


Yes.


Japan Chikara Okada+81 3 6213 [email protected]

No. Question Answer




The customs authorities may request, in addition to a transfer pricing study or APA, product specific cost data to support the related party price is not below cost and bank remittance records for the product purchase to support declared value is the amount actually paid. A "circumstances of sale" test or "test values" test may be helpful but is not required.


No.


No.


No. Reporting is voluntary, although recommended to avoid potential penalties.


Yes.






Additional duty payments and duty refunds: 5 years from the date of import permission for goods affected by a retroactive transfer pricing adjustment.


Yes. Penalties of 10% to 15% of the duty owed, plus interest (currently 2.8% per annum of the duty owed since the date of the original import permission), may apply for the understated value at the time of importation. In the case of overstating value and an application for refund is accepted by the customs authorities, the importer will be paid the overpaid duty plus interest at the annual rate. If a voluntary disclosure is made, interest may apply, but no penalties.


In the event of either an increase or decrease, the importer should contact the jurisdictional customs authorities and negotiate how to amend past import declarations. The disclosure process is the same. However, changes resulting from retroactive transfer pricing adjustments may require additional time for review by the customs authorities.


Aggregate adjustments are available for upward adjustments, if previously negotiated with the customs authorities. Duty refunds may require a transaction-by-transaction adjustment. The disclosure process is the same. However, changes resulting from retroactive transfer pricing adjustments may require additional time for review by the customs authorities.


Yes. The "advanced declaration of customs valuation" program allows the importer to obtain approval to calculate the expected customs value based on transfer pricing adjustments.


An adjustment to import value will automatically result in the assessment of additional Japanese Consumption Tax (JCT) by the customs authorities. However, a claim for a JCT refund may be filed with the tax authorities.


An adjustment to import value will automatically result in a JCT refund from the customs authorities. However, amended JCT filings with the tax authorities are required to decrease the input JCT credit.


Value increase: Penalties of 10% to 15% of the JCT owed, as well the annual rate of interest (currently 2.8%), may apply. If a voluntary disclosure is made, interest would apply, but no penalties.Value decrease: No.


No. If the adjustment is significant, it is recommended that the importer submit product specific cost data to support the related party price prior to importing at new prices.


No.


No.


No.


Kenya Lillian Kubebea+254 20 4230 [email protected]

No. Question Answer




Required evidence may include a supplier discount policy, supplier price list, costs incurred by the foreign related seller, an explanation of the circumstances of the sale, or test values on identical goods cleared at or about the same time. It is recommended to conduct a test and/or analysis.


This is difficult in practice.


No.


No. However, the customs authorities still expect the importer to report any changes that increase the customs value of the goods.


Yes.




Generally, no. Refunds may be possible in the unlikely event that a decrease in value due to a retroactive transfer pricing adjustment is accepted by the customs authorities. The request process is the same.


Additional duty payments: 5 years following a demand by the customs authorities. If additional duties are owed as a result of an audit, additional duties are payable within 30 days of notice of demand. In the event of voluntary disclosure, a settlement is agreed between the importer and customs authorities. Duty refunds: 12 months from the date of the original payment.


Yes. Penalties of 2% of the duty owed per month, payable from the date the duty was due, may apply. In addition, the false declaration of value may result in fines of up to about KES 1,000,000. If found upon audit, penalties and fines may not be assessed if the importer pays the additional duties owed within a period agreed between the importer and the customs authorities. If a voluntary disclosure is made, penalties may be reduced.


There is no formal procedure. Generally, the importer should write a letter to the customs authorities disclosing the change in the reported customs value. The customs authorities will compute any duties payable and a payment authorization form will be issued. In case of a decrease in the reported customs value, the importer should apply for the refund of the overpaid custom duties. The disclosure process is the same.




No.


No additional VAT filings are required. Any additional VAT owed must be paid.


No additional VAT filings are required. In the unlikely event that the customs authorities accept a decrease in value due to a retroactive transfer pricing adjustment, the importer may make a claim for a VAT refund.


Where the adjustment results in additional VAT owed, penalties of 2% of the VAT owed per month, payable from the date the VAT was due, will apply.


Yes. No set threshold exists. It is recommended that the importer proactively contact the customs authorities before importing at new prices, especially when the adjustment yields a higher customs value. The customs authorities maintain a valuation database against which they identify unexplained differences.


No. However, during an audit of the company's transfer pricing activity, the income tax authority may request the values that are reported for customs purposes and seek a reconciliation.


Yes.


Yes.


Luxembourg Christian Deglas+352 45145 [email protected]

No. Question Answer


Possibly. This would need to be negotiated with the customs authorities on a case-by-case basis.


The customs authorities may require the invoice, commercial documents, or intercompany agreements. It is recommended to conduct a test/analysis.


Possibly. This would need to be negotiated with the tax and customs authorities on a case-by-case basis.


No.




Yes.




Yes. However, in practice, this is not common. The request process is the same.


Additional duty payments and duty refunds: 3 years from the date of the taxable event. 10 years in cases of fraud or other criminal activity.


Yes. Penalties of 2 times the additional duty owed, plus interest of 9.6% per year, may apply. If a voluntary disclosure is made, penalties may be reduced or eliminated, except in cases of obvious negligence or fraud.


The importer should notify the customs authorities and file an additional customs declaration. The customs authorities would then provide guidance on how to proceed.


Transaction-by-transaction or aggregate, depending on the requirements of the customs authorities involved. The disclosure process is the same.


No.


An amended VAT return must be filed in addition to the customs declaration. The import VAT declared would be recoverable on the same return according to the importer's overall VAT recovery rate.


An amended VAT return must be filed in addition to the customs declaration. The import VAT declared would be recoverable on the same return according to the importer's overall VAT recovery rate.


Value increase and decrease: Yes. Penalties and interest may apply on a case-by-case basis.


No. It is recommended that the importer proactively contact the customs authorities to discuss prospective transfer pricing adjustments if the price change is significant.


No.


No. However, valuation in general is an area of increased focus by the customs authorities.


Yes.


Malaysia Eng Yew Tan+60 3 7610 [email protected]

No. Question Answer




The customs authorities may request transactional documentation on unrelated party transactions. While a test or analysis would help support the related party price should it be questioned by the customs authorities, no specific guidelines have been published.


No.


No.




Yes.


No, and there is no risk of fines or penalties. However, voluntary reporting is recommended if the importer wishes to request a duty refund. In practice, however, duty refunds are difficult to obtain.


Yes. In practice, however, duty refunds are difficult to obtain. Claims for refunds must be made via a proscribed JKED 2 form.


Additional duty payments: Generally, 3 years from the date on which the customs duty was payable or the deficient customs duty was paid. There is no time limitation in cases involving fraud or tax evasion.Duty refunds: an application to the customs authorities for a refund may be made within 1 year after the overpayment. Beyond 1 year, any such application may be made to the Ministry of Finance.


Possibly. For retroactive transfer pricing adjustments that increase the price payable, if a corrective declaration is intentionally not filed, the importer may be convicted of a misdeclaration and may be jailed for up to 5 years and/or fined up to RM 500,000. For unintentional violations, the importer may be fined up to RM 5,000 per offense. In practice, undeclared decreases in customs value do not typically attract penalties.


In the event of either an increase or decrease, the importer should submit a letter to the customs authorities to seek guidance on how to proceed. The disclosure process is the same.


Typically, transaction-by-transaction adjustments are required. Aggregate adjustments may be permitted with agreement from the customs authorities. The disclosure process is the same.


No.


If the customs value increases, the applicable Goods and Services Tax (GST) (and customs duty) owed must be paid if the customs authorities issue a bill of demand.


No actions are mandatory. The importer may apply for a refund, but the customs authorities may make adjustments to any import GST claimed.


Value increase and decrease: Typically, no, as long as the importer makes the necessary declaration and adjustments to the GST-03 return. However, if a corrective declaration is intentionally not filed, the importer may be convicted of a misdeclaration and may be jailed for up to 3 years and/or fined up to RM 50,000. For unintentional violations, the importer may be fined up to RM 25,000 per offense. A penalty equal to the amount of GST undercharged would also apply.


Yes. No set threshold exists. It is recommended that the importer obtain an advance valuation ruling with the customs authorities before importing at the new prices.


No.


Yes.


No.


Mexico Cecilia Montano Hernandez+52 555 [email protected]

No. Question Answer




The customs authorities may request supplier agreements, contracts, and transfer pricing documents. In the event of an audit, the importer may conduct a customs study to determine whether the relationship influenced the purchase price.


Yes. However, there is no guidance or administrative process. Therefore, it is uncommon.


No.




Yes. Additional duties and fees would be payable, if applicable.




Yes. The process to request duty refunds is specific and different and must be made on a proscribed form.


Additional duty payments: No time limitation.Duty refunds: 5 years.


Yes. If the adjustment is discovered through audit and duties are owed, fines may range from 130% to 150% of the import tax owed, plus 55% of the unpaid customs processing fee. In addition, the additional duty owed must be paid with an adjustment for the applicable surcharges and inflation. If the adjustment is discovered through audit and no duties are owed, a fixed fine of MXN 2,930 per import declaration is applied. If the adjustment is self-reported, no penalties are applicable.


For upward or downward changes in value, the importer may submit a Customs R1 Form for transaction-by-transaction amendments. With this method, the importer should amend the customs document through the Customs R1 Form and amend the original invoice. The Customs R1 Form must be linked to the original customs document.For upward changes in value, the importer may alternatively use a Customs GC Form, which allows the importer to aggregate several amended import transactions in one consolidated filing before the importer submits its annual income tax return or the income tax return is amended for the adjustment. The customs broker or the importer may submit either form.


Transaction-by-transaction adjustments are available for any customs value modification and an amended customs document must be generated for each transaction that is modified. Alternatively, a single consolidated amendment to correct the previous fiscal years' customs declarations is filed along with a copy of the annual income tax return that has already been filed.


No.


The monthly VAT declarations, as well as the customs documents, must be amended and the additional VAT owed must be paid. The importer is also required to support the increase in value and the additional VAT owed.


The monthly VAT declarations, as well as the customs documents, must be amended, which will result in a credit of the overpaid VAT. The importer may request a refund instead of a credit. It is required to support the credit of the overpaid VAT.


Value Increase: If the adjustment is discovered through audit and additional VAT is owed, a penalty of 55% of the additional VAT owed may apply. Also, the additional VAT owed must be paid with an adjustment for applicable surcharges and inflation. Value decrease: No.


No. Prior to importing at the new prices, it is recommended that the importer obtain an advance valuation ruling with the customs authorities that would apply for the fiscal year.


Yes. The potential risk is the denial of the corporate tax deduction and the rejection of the VAT credit.


No.


Yes.

Mauricio Rodriguez+52 55 [email protected]


Netherlands Johan Hollebeek+31 8828 [email protected]

No. Question Answer




The customs authorities may require transfer pricing documents, buy-sell agreements, invoices, proofs of payment, financial statements, cost breakdowns, or bills of material. It is recommended to conduct a test/analysis.


Yes. The customs and tax authorities cooperate closely on transfer pricing issues.


No.




Yes.






Additional duty payments: 3 years from the date on which the customs debt was incurred. This time limitation can be extended to 5 years for acts that give rise to criminal court proceedings. Duty refunds: 3 years from the date the debt is communicated to the importer.


Yes. Monetary penalties, or the suspension or revocation of the importer's customs authorization, may apply. No interest would apply. If a voluntary disclosure is made, in practice, no penalties would apply.


The importer must contact the customs authorities to revise previous customs declarations. If customs value changes due to transfer pricing adjustments are expected to recur, it is recommended that the importer obtain an advance valuation ruling and agree with the customs authorities on a correction mechanism through a clear and verifiable procedure to avoid noncompliance for future adjustments. The disclosure process is the same.


Aggregate adjustments may be permitted. However, if requested by the customs authorities, each adjustment must be linked to a specific transaction and the corresponding duty rates for the affected entries. The disclosure process is the same. It is recommended to agree to a correction mechanism with the customs authorities in advance to facilitate repeated disclosures.


Yes. A customs valuation ruling and an agreement on a procedure are recommended to implement repeated adjustments.


Additional VAT must be paid and/or reported by the taxpayer. However, it may be possible to obtain a refund of the VAT if certain conditions are fulfilled.


The taxpayer must account for the decrease in VAT, which could result in a payment. The method to do so will vary depending on the situation.


Value increase and decrease: Yes. Fines, penalties, and interest may apply if amended VAT filings are not timely filed.


Possibly. Any change in value may trigger scrutiny during a customs audit. It is recommended that the importer obtain an advance valuation ruling with the customs authorities before importing at the new prices. In practice, the customs authorities are increasingly reluctant to accept prospective transfer pricing adjustments because prospective prices cannot compensate for prices on past transactions.


No. However, it may trigger increased scrutiny from the tax and customs authorities if inconsistent.


Increasingly, yes.


Yes.


New Zealand Jeanne Du Buisson+64 9 303 [email protected]

No. Question Answer




Currently, there is no published list of evidence that the customs authorities will accept. However, in practice, the customs authorities will generally accept transfer pricing documentation and/or a benchmarking study if based on each transaction. It is recommended that the importer maintain transactional documentation to support the related party price (e.g., invoices from sales to unrelated parties).


No.


No.


Yes. There is no exception to report when the duty rate is zero. A failure to report may result in penalties, but no interest.


Yes.


Yes. There is no exception to report when the duty rate is zero. A failure to report may result in penalties, but no interest.




Additional duty payments and duty refunds: 4 years from the date of the original assessment. There is no time limitation in cases of fraud.


Yes, penalties may apply, but no interest. A fine of NZD 5,000 may be assessed. In cases of fraud, higher fines may be assessed.


There are no proscribed forms. The importer would make a voluntary disclosure via letter to the customs authorities to report either an increase or a decrease to the customs value. The disclosure process is the same.


Adjustments can generally be made on a transaction-by-transaction basis or as an aggregate adjustment. The disclosure process is the same.


No.


No additional Goods and Services Tax (GST) filings are required. The additional GST must be paid to the customs authorities and should be recoverable in the importers' GST return, if registered.


No additional GST filings are required. The importer may request a refund of overpaid GST provided that the importer is not already registered for GST. If the importer is registered for GST, the overpaid GST would be claimed as an input tax deduction and therefore no refund would be granted.




No. There is no formal process to proactively address this with the customs authorities. However, importers may enter into an advance agreement with the customs authorities.


No. There are limited risks from a corporate tax perspective. However, either the customs authorities or Inland Revenue Authority may still question why different values are reported.


Yes.


Yes. However, in practice, this is not often done.


Norway Fredrik Vestli +47 23 27 98 46 [email protected]

No. Question Answer




The customs authorities may require transfer pricing documents and data, supplier agreements, and accounting documents. It is recommended to conduct a test that will support related party prices based on accounting/financial data.


Yes. However, there are no formal procedures that govern how the tax and customs authorities would arrive at the same price.


No.




Yes.


No, and there is no risk of fines or penalties. However, voluntary reporting is recommended if the importer wishes to request a duty refund.




Additional duty payments and duty refunds: 3 years from the filing date of the customs declaration. This time limitation is extended to 10 years in cases of fraud or if insufficient information is provided by the importer.


Yes. Interest will apply for adjustments that increase the customs value. Penalties may apply if the importer is negligent in declaring the incorrect customs value. Penalties may be up to 30% of the duties owed.


Generally, changes to customs value may be made post-importation on a transaction-by- transaction basis. However, the importer may file an application for an uplift agreement (postponed value determination) if the value is not known at the time of importation. The disclosure process is the same.


Generally, transaction-by-transaction adjustments are required. However, the importer may file an application to the customs authorities for an uplift agreement (postponed value determination) if the value is not known at the time of import. If an uplift agreement has been granted prior to importation, aggregate retroactive adjustments for a predefined period may be made. The disclosure process is the same.


No.


No additional VAT filings are required. The customs authorities would issue a bill in the following month, and any additional VAT owed must be paid. Additional VAT paid may be deducted in the VAT return for the period the bill was issued.


An amended VAT filing is required to reflect the revised amount.


Value increase: Yes. Penalties of 5% to 10% of the import VAT owed may apply. Value decrease: No.


Possibly. Significant changes to transfer prices may invite scrutiny. There is no formal process to proactively address this with the customs authorities.




Generally, yes.


Yes. However, the risk related to non-compliance is considered low due to non-enforcement.


Peru Rafael Reaño+511 211 8585 Ext [email protected]

Rogelio A. Gutierrez+511 211 [email protected]

No. Question Answer




The customs authorities may require invoices, price lists, accounting documents, and banking documents, as well as other transactional documents deemed necessary to support the related party prices. It is recommended to conduct a test/analysis.


No.


No.




Yes.


No. However, it is recommended to avoid potential fines or penalties.


Yes. However, in practice, refunds may be difficult to obtain. The request process is the same.


Additional duty payments and duty refunds: 4 years from 1 January of the year subsequent to the declaration date.


Yes. Penalties amounting to 2 times the additional duty owed may apply. If a voluntary disclosure is made, penalties may be reduced to 10% of the original penalty assessment. Interest of 1.2% would apply to additional duties and penalties owed.


The importer should submit an electronic correction to the original declaration. Also, it is recommended to amend each individual invoice that is subject to the import declaration corrections. The disclosure process is the same.




No.


An electronic correction must be made to the customs value. However, no additional VAT filings are required because the customs value change will automatically trigger changes in the VAT paid. An upward adjustment to import value will automatically result in the assessment of additional VAT.


No additional VAT filings are required. However, if the importer voluntarily reports a decrease in the customs value, it must first make an electronic correction to the customs value and then formally request a VAT credit because a downward adjustment will not automatically result in a VAT credit.


Value increase: Yes. Penalties of twice the additional VAT owed may apply. If a voluntary disclosure is made, penalties may be reduced to 10% of the original penalty assessment. Value decrease: No.


Yes. No set threshold exists. It is recommended that the information and support for making a prospective adjustment be appropriately documented and maintained.


No. However, in practice, the two values should be consistent because the tax authorities may issue penalties based on the discrepancy.


Yes.


Yes.


Philippines Richard Lapres+63 2 581 9000 Ext [email protected]

No. Question Answer




Primarily the transfer pricing study. The customs authorities may also require additional supporting documents pertaining to circumstances surrounding the sale, or may refer to third party sources to verify the data presented in the transfer pricing study.


No.


No.




Yes.


No, and there is no risk of customs fines or penalties and minimal risks for import VAT penalties.


Yes. However, tax credit certificates that can be used to pay customs duties are provided rather than duty refunds.


Additional duty payments: Generally, 3 years from the date of payment. There is no time limitation in cases of fraud.Duty refunds: 6 years from the date of payment.


Yes. Penalties equivalent to 1/2 to 2 times the duty owed may apply. If a voluntary disclosure is made, penalties will be waived.


If the adjustment results in an increase, the importer should send a letter to the Commissioner of Customs, in accordance with the Voluntary Disclosure Program, amending the affected entries and tendering the duty owed. This program is not available if the importer is under prior investigation.If the adjustment results in a decrease, the adjustment must be requested in writing and forwarded, together with the supporting documents, to the Collector of Customs to whom such duties were paid. If found correct and in accordance with law, a recommendation will be forwarded to the Commissioner of Customs for final review and approval of the refund. The disclosure process is the same.




No.


The monthly VAT return should be amended to reflect the correct amount of import VAT and filed with the tax authorities. Any additional VAT owed must be paid.


The monthly VAT return should be amended to reflect the correct amount of import VAT and the taxpayer may file a VAT refund for the erroneous payment of taxes. Obtaining a VAT refund is a very difficult and lengthy process.


Value increase and decrease: Yes. If the adjustment is discovered upon audit, penalties of PHP 1,000 to PHP 50,000, plus interest of 20% of the VAT owed, per annum, may apply. A 50% surcharge may also apply if the VAT-related adjustment is more than 30% of the original VAT base.


No. However, if the value reported significantly differs from the prior reporting period, it may invite scrutiny during a customs audit or post-entry verification. There is no process to proactively address this with the customs authorities. It is recommended, however, that the information and support for making a prospective adjustment be properly documented and maintained.


No.


No.


No.


Poland Joanna Stawowska+48 22 [email protected]

No. Question Answer




There is no official set/group of documents or other evidence that the customs authorities require to substantiate the related party price, but they may examine the transfer pricing documents. Also, there is no reason to perform a customs value analysis as it is highly probable that the customs authorities will not consider such an analysis.


No. However, the customs authorities may consider the approved transfer pricing methodology as a factor in supporting the price.


No.




Yes.




Yes, but only if the customs authorities approve the refund based on a case-by-case analysis. The request process is the same.


Additional duty payments: 3 years. This time limitation may be extended in cases of fraud.Duty refunds: Generally, 3 years.


Yes. Penalties and interest may apply. If a voluntary disclosure is made, interest (currently 8%) may apply, but no penalties. If criminal acts are involved, fines up to EUR 4.2M and imprisonment up to 5 years may apply.


The importer should file an application to amend the import declaration and submit an explanatory letter to the customs authorities for both increases and decreases. The customs authorities will then issue a decision. If an adjustment is discovered upon audit, the customs authorities will amend the import declaration. The disclosure process is the same.




No.


No additional VAT filings are required. The customs authorities would issue a decision, and any additional VAT owed must be paid. An additional disclosure for VAT purposes may be filed to mitigate the risk of fines and penalties.


No additional VAT filings are required. A VAT refund is available, provided that the import VAT has not already been recovered.


Value increase and decrease: Possibly. VAT fines are assessed collectively with customs fines and may include penalties and interest tied to VAT only.


Generally, yes. No specific threshold has been published. It is recommended that the importer be prepared to support the related party pricing and prospective value adjustment upon filing the import declaration.


No. However, in practice, the two values should be consistent. An inconsistency may draw scrutiny and the tax authorities may assess fines or penalties.


Yes.


Yes.


Portugal Afonso Machado Arnaldo+351 21 042 75 [email protected]

No. Question Answer




The customs authorities may require transfer pricing reports. It is recommended to conduct a market analysis that shows the intercompany prices are in line with market prices.


Generally, no. However, in theory, it should be possible to get the customs and tax authorities to both agree on the same price for corporate tax and customs value purposes, although we are not aware of any case in which such agreement was made.


No.




Yes.




Yes, provided the importer can provide proof to support the claim. The request process is the same.




Yes. Penalties and interest may apply. If a voluntary disclosure is made, penalties may be reduced. Penalties for an inaccurate declaration may range from EUR 150 to EUR 5,750 per transaction. Penalties for negligent or low value activities may range from EUR 500 to EUR 165,000 per transaction. For intentional acts, a fine up to EUR 180,000 or 3 years imprisonment may apply.


The importer should contact the customs authorities to seek guidance on how to proceed.


Transaction-by-transaction or aggregate, depending on the requirements of the customs authorities involved. The disclosure process is the same.


No.




No additional VAT filings are required, although a request must be made to obtain a refund of overpaid VAT.


Value increase: Yes. Penalties of 30% to 100% of the VAT owed (with a maximum of EUR 45,000 per penalty), plus interest of 4% per annum, may apply. If a voluntary disclosure is made, penalties may be reduced.Value decrease: No.


Possibly. No set threshold exists. It is recommended that the importer conduct advance discussions with the customs authorities given that the tax authorities and the customs authorities were merged in 2012, and transfer pricing topics are a priority for both authorities.


No. However, in practice, the two values should be consistent because of the potential risk that the tax and customs authorities may exchange information and reject/amend either the taxpayer's taxable basis or customs value.


Yes.


Yes.


Romania Mihai-Cristian Petre+40 21 2075 [email protected]

No. Question Answer




Generally, Romanian customs authorities may compare the related parties price with prices of similar or identical products imported by other importers in the same period or may ask the importer to conduct such comparisons. A test/analysis is recommended only in cases where customs authorities have doubts about the acceptability of the related parties price.


No.


No.




Yes.






Additional duty payments and duty refunds: 3 years.


Yes. Penalties of 0.02% per day, plus interest of 0.03% per day, may apply (i.e., 0.05% per day). Additionally, fines of RON 500 to RON 8,000 per review period may apply. A voluntary disclosure does not eliminate or reduce these penalties, fines, or interest.


Value increase and decrease: The importer must submit a letter to the customs authorities detailing the change in customs value and listing all affected transactions. The customs authorities will issue a decision to indicate the amount of duty and VAT owed or to be refunded. The disclosure process is the same.


Aggregate adjustments are permitted. The disclosure process is the same.


No.


No additional VAT filings are required. The customs authorities will issue a decision, and any additional VAT owed must be paid to the customs authorities and reported as a settlement of deductible VAT in the VAT return.


No additional VAT filings are required. The customs authorities will issue a decision, and any overpaid VAT would be refunded and reported as a settlement of deductible VAT in the VAT return.


Value increase: Yes. Penalties of 0.02%, plus interest of 0.04% per day, may apply (i.e., 0.06% per day).Value decrease: No.


Possibly. No set threshold exists because it depends on the local customs official’s review. It is recommended that the importer proactively contact the customs authorities before making the prospective transfer pricing adjustment.


No.


No.


Yes.


Russia Andrey Silantiev+7 495 787 0600 Ext [email protected]

No. Question Answer




The customs authorities may request documentation related to the transaction, e.g., foreign export declarations, shipping documents, purchase orders, supply contracts, price lists, commercial invoices, bank payment documents, catalogues, labels, details on the resale price of goods on the Russian market, etc., as well as transfer pricing agreements/APAs. In practice, the "circumstances of sale" test is performed by Russian Customs rather than by the importer, and the customs authorities may evaluate the transaction-based data from other importers available only to them. Russian importers typically use test values to support the related party pricing.


No.


Yes. In December 2012, The Eurasian Economic Commission issued Resolution N 283, entitled "The Application of Transaction Value to Calculate Customs Value (Method 1)", which describes the transaction value method of appraisement and rules for verifying that the parties' relationship did not influence the transaction price.




Yes.


No, and there is no risk of fines or penalties. Importers may consider voluntarily reporting downward adjustments to potentially obtain a duty refund, although refunds are difficult to obtain.




Additional duty payments: 3 years from the original payment. Duty refunds: 3 years from the date of payment.


Yes. Interest and penalties may apply. If the customs declaration was filed by the customs representative, the importer may be subject to an administrative fine of RUB 100,000 to RUB 300,000 per customs declaration and the customs representative may also be subject to an administrative penalty of up to 200% of the amount of underpaid customs duties and taxes. If the customs declaration was filed by the importer directly, the importer may be subject to an administrative fine in the amount of up to 200% of the duties and taxes owed. Importers may attempt to avoid penalties through a voluntary disclosure, although this is not always successful. For every day of non-payment, the interest would apply (1/300th of the refinancing rate of the Central Bank of the Russian Federation).


The importer must submit an application form providing details on the value adjustment and documentation that supports the change in value. The disclosure process is the same.




No.


Corresponding import VAT as well as late payment interest must be paid to the customs authorities. The additional VAT may be recovered if the conditions for input VAT recovery are met.


No additional VAT filings are required. If a VAT refund is requested and granted, then the original VAT filing must be amended.


Value increase: No.Value decrease: Yes. If the overpaid VAT is refunded/offset, but the VAT filing is not properly amended, penalties of 20%, plus interest, may apply.


Possibly. No set threshold exists. It is recommended that the importer be prepared to support the related party pricing and prospective value adjustments upon the filing of the import declaration.


No.


Yes.


Yes, but only for goods that are subject to export customs duties.


Saudi Arabia Farhan Farouk+966 2 657 [email protected]

Sajjadullah Khan+966 2 657 [email protected]

No. Question Answer


No.


The customs authorities may review the transaction value of identical or similar goods across all importers. It is recommended to conduct a test/analysis.


No. However, the tax authorities rely on the price that the customs authorities have accepted as the customs value.


No.


No. However, there is a risk of fines or penalties.


N/A


No. However, there is a risk of fines or penalties.


N/A


N/A


N/A


N/A


N/A


N/A


N/A. There is no VAT or equivalent.






No.


Yes. In practice, if there is a discrepancy, the tax authorities will make an adjustment to the amount that has been reported in the tax return. The tax authorities will disallow the deduction for imports (foreign purchases) if the value reported for tax purposes is higher than the reported customs value. Conversely, the tax authorities will impute a deemed profit if the import (foreign purchases) value reported for tax purposes is lower than the reported customs value.


Generally, no.


No.

mailto:ffarouk%40deloitte.com%20?subject=

mailto:sajkhan%40deloitte.com?subject=


Singapore Bob Fletcher+65 6216 [email protected]

James Lenagham+65 6800 [email protected]

No. Question Answer


No. However, transfer pricing studies and APAs may contain information that is useful for supporting transaction value method.


The importer may produce documents (e.g., sales contract reflecting methodology of sales value, commercial levels of sales, etc.) that support that the transaction values between parties were not affected by the relationship (i.e., is arm's length). There is no specific requirement by the customs authorities for importers to perform a separate test/analysis to substantiate the arm's length nature of the transaction between the related parties.


No. There is currently no formal procedure in place and implementation of such a procedure is not anticipated in the near future.


No. However, Inland Revenue Authority of Singapore issues a publication entitled "GST: Guide on Imports", which indicates that importers are required to declare the correct value of imported goods. This guide also describes how to correct over- and under- declarations of values on imported goods.


Yes. Where the customs duty rate is zero, the importer is still required to adjust the import values and account for the additional import Goods and Service Tax (GST) payable.


Yes. The additional customs duties and import GST must be accounted for and paid by filing a short-payment permit on each individual transaction.


Yes.




Additional duty payments: No time limitation.Duty refunds: 1 year from the date of entry of the goods and payment.


Typically, no, if the changes in customs value are reported to the authorities on a voluntary basis before notice or commencement of audit checks and investigations. Penalties would apply in cases of fraud.


An increase or decrease may be reported to the customs authorities through the Voluntary Disclosure Program or by a letter to the relevant department. The disclosure process is the same.


Generally, the adjustments are made on a permit-by-permit basis. However, if the customs authorities agree, aggregate adjustments are permitted and may be made by a single supplementary short payment permit as long as the individual impacted import permits are identified. The disclosure process is the same.


Yes. The Voluntary Disclosure Program can facilitate repeated customs value adjustments due to retroactive transfer pricing adjustments.


If the net GST impact of the adjustment is less than SGD 1,500 for all of the affected periods, the adjustment may be reported on the next GST return. If not, the adjustment should be voluntarily disclosed in writing to the tax authorities and the approach to corrective action agreed upon.


A refund of the overpaid import GST may be claimed in the next GST return. In practice, however, downward adjustments are rarely reported where the declarant is able to recover all the import GST paid.


Value increase: No penalties would apply if a voluntary disclosure is filed within 1 year of the filing deadline. However, if a voluntary disclosure is filed after the 1 year period, penalties of up to 5% of the GST owed may apply. Value decrease: No.


No. However, It is recommended that the importer proactively contact the customs authorities to discuss transfer pricing adjustments before importing goods at new prices.


No. However, if the customs authorities identify a significant variance between the two values, the importer may be required to explain the discrepancy. If the customs authorities conclude that the customs value declared was understated, then there is potential exposure to additional customs duties, other border taxes, and penalties.


No.


Yes.


South Africa Ansa Du Preez +27 11 [email protected]

Wian de Bruyn+27 12 [email protected]

No. Question Answer


No. However, transfer pricing studies and APAs may contain information that is useful for supporting the transaction value method. Note that South Africa is not yet a party to an APA.


Generally the customs authorities may require sales invoices, customs clearance documents, related party agreements, or annual financial statements to substantiate related party pricing. It is recommended to conduct a "test values" test to provide proof of the acceptability of the prices.


No. However, the authorities consult with each other on a case-by-case basis.


No. However, the customs authorities are increasingly focused on retroactive transfer pricing adjustments and how companies have treated the customs values impacted by such adjustments.


Yes. Retroactive transfer pricing adjustments that increase the price paid by the importers are under heightened scrutiny by the customs authorities. If any credit or debit note is received, the customs authorities must be informed within 30 days. There is no exception to report when the duty rate is zero.


Yes.


Yes. If any credit or debit note is received, the customs authorities must be informed within 30 days. There is no exception to report when the duty rate is zero.


Yes. The request process is the same. Correction vouchers should be filed on each affected entry and a refund claim submitted to the customs authorities.


Additional duty payments: 2 years after underpayment is identified. However, new customs legislation is expected in 2016 that will increase the time limit to 3 years. Duty refunds: 2 years from the date of import.


Yes. Penalties of 25% (or higher) of the duty owed, plus interest and forfeiture, may apply. If a voluntary disclosure is made, interest would apply, but the customs authorities may waive the penalties and forfeiture.


The importer should file a voluntary disclosure for underpayments. For both increases and decreases, the importer should amend each affected entry using a correction voucher. The disclosure process is the same.


Generally, a transaction-by-transaction adjustment is required. However, in some circumstances, the customs authorities may allow aggregate adjustments. The disclosure process is the same.


Yes. However, it can only be done by agreement with the relevant customs office.




No additional VAT filings are required. No refund or credit of import VAT would be provided.


Value increase: Yes. Penalties of up to 10% of the import VAT owed, plus interest, may apply. If a voluntary disclosure is made, interest would apply, and penalties may be applied on a case-by-case basis.Value decrease: No.


No. No set threshold exists. If the customs values are specifically regulated through a value determination number (VDN), the importer should inform the customs authorities of the amended pricing and amend the VDN accordingly.


Yes. The customs authorities have introduced Form IT14SD, which aims to match the cost of sales to the import values declared. Any discrepancies need to be substantiated. As this is a relatively new process, it is unclear what the potential risk will be if these values do not reconcile to the authorities’ satisfaction.


Yes.


Yes.


South Korea In Young Jung+82 2 6676 2804 [email protected]

No. Question Answer




Generally, the customs authorities may require a transfer pricing policy or transfer pricing study as well as audit reports or financial statements. Any agreements between the buyer and the seller that are not publicly available would also be required. It is recommended to conduct a test/analysis under the customs rules rather than a test/analysis under tax rules.


Yes. Once an APA or an Advance Customs Valuation Arrangement (ACVA) exists, both authorities may consult with one another to establish an acceptable price for both corporate tax and customs purposes.


No.


No. However, there is still a risk of penalties.


Yes.


No, and there is no risk of penalties.


Generally, no. However, the customs authorities may allow a refund if the importer can show a pre-existing agreement for the transaction price.


Additional duty payments and refunds: 5 years.


Yes. If an upward adjustment is discovered during an audit, penalties, plus interest, may apply. A voluntary disclosure does not eliminate the penalty and/or interest. However, an ACVA may cause only the interest, but not the penalty, to be imposed. In the case of customs duties owed, 10% of the deficient duty amount is imposed as penalties and an interest rate of 0.03% per day is applied to the deficient duty amount.


The importer may file a revised or amended declaration in the event of an increase to the reported value. A “rectification” claim for reassessment of duties may be filed upon discovering a decrease in the reported customs value. The disclosure process is the same.


Generally, transaction-by-transaction adjustments are required. Aggregate adjustments may be permitted if discovered upon audit. The disclosure process is the same.


No.


No additional VAT filings are required. Any additional VAT owed must be paid. The customs authorities would then issue a new import VAT receipt for the VAT paid, along with the date of payment.


N/A


Value increase: Yes. A penalty tax and interest may apply. If a voluntary declaration is made within 6 months of the initial declaration date, the penalty tax may be waived, although the interest would still apply.Value decrease: No.


Yes. Generally, an adjustment over 10% in value may trigger the customs authorities’ scrutiny. It is recommended that the information to support a prospective adjustment be appropriately documented and maintained.


No. However, in practice, the two values should be consistent. The inconsistency may draw scrutiny from the customs authorities.


Yes.


No.


Spain Pablo Renieblas+34 [email protected]

No. Question Answer




For any import transaction, the customs authorities may require commercial invoices, contracts regarding the imported goods, and any other commercial documentation useful to support the price. There are no specific requirements for related party transactions.


No.


No.


Yes. There is an exception to report if no duty is owed.


Yes.




Yes, provided that the importer reports a provisional value at the time of importation or has a customs valuation agreement in place. The request process is the same.




Yes. Penalties of 50% to 150% of the duty owed, plus interest and surcharges, may apply. If a voluntary disclosure is made, only interest and surcharges may apply.


The importer should submit a written statement to the customs authorities to report the change in value and identify the affected import declarations. The customs authorities would then issue a payment letter outlining the additional duties and VAT owed, if any. The disclosure process is the same.




Yes. Valuation Agreements with the customs authorities may define the procedures for repeated adjustments. In addition, importers may apply for the provisional value program, which may facilitate adjustments to value made on a monthly or quarterly basis.


If the imports are covered by the deferred import VAT regime, the increase must be self-declared in the periodic VAT return. Otherwise, no additional VAT filings are required. The customs authorities will issue a payment letter, and any additional VAT owed must be paid.


No additional VAT filings are required. If the importer has declared a provisional value at the time of import, an adjusted VAT return should be filed with the tax authorities to obtain a refund of overpaid VAT, if any.


Value increase: Based on a recent change to VAT law, if the imports are covered by the deferred import VAT regime and are not self-declared, a fine amounting to 10% of VAT owed will be applied. Value decrease: No.


Yes. No set threshold exists. It is recommended that the importer obtain an advance ruling with the customs authorities (e.g., a Valuation Agreement, which is a binding agreement between the importer and the customs authorities).


No.


No.


Yes. However, in practice this is not done, and no penalties would be imposed.


Sweden Benny Persson+46 75 246 41 [email protected]

No. Question Answer




The customs authorities may request documentation on sales to unrelated parties or a transfer pricing analysis.


Yes, but this is untested.


No.




Yes.




Yes. The request process is the same, provided the importer did not foresee the adjustment at the time of import.


Additional duty payments and duty refunds: 3 years from the date of the original import declaration.


Yes. Penalties of 20% of the duty owed, plus interest, may apply. If a voluntary disclosure is made, interest may apply, but no penalties.


The importer may file new import declarations to replace the original declarations or may submit a spreadsheet containing all entry data with the adjusted values and corresponding duties, along with supporting documentation. The disclosure process is the same.




No.


If the import took place on 1 January 2015 or later and the importer is registered for VAT in Sweden, additional VAT filings must be made. If the import took place prior to 1 January 2015 or the importer is not registered for VAT in Sweden, no additional VAT filings must be made.


N/A (The customs authorities will not reassess the import VAT in the event of a customs value decrease).


Value increase: No, provided the import took place after 1 January 2015 and the importer is registered for VAT in Sweden. If the import took place before 1 January 2015, a tax surcharge of 10% of the import VAT owed could be assessed.Value decrease: No.


Generally, no. There is no process to proactively address this issue with the customs authorities.


No.


Generally, no.


Yes.


Switzerland Benno Suter+41 58 279 [email protected]

No. Question Answer




Generally, no evidence other than the pro forma or commercial invoice is required to support the values declared. Since customs duties are based on weight, rather than value, there is no "customs value" per se. Only two values are declared at the time of import — the "VAT value" and the "statistical value".


Yes. The importer may submit a ruling request to the customs authorities to confirm the acceptability of the transfer price.


No.


Possibly. Importers are required to report a change in the VAT value if they cannot deduct 100% of the import VAT or if another element of value was excluded (e.g., an assist previously not declared). Otherwise, importers are not required to report a change and, in practice, there is no risk of fines or penalties. Statistical values never need to be adjusted due to retroactive transfer pricing adjustments. A duty rate of zero does not determine whether reporting is required.


No. If the VAT value or statistical value is increased, this does not typically impact customs duty as customs duty is typically based on weight rather than value.


No. The VAT value and statistical value do not need to be changed in the event of a decrease, unless the importer cannot deduct 100% of the VAT and is seeking a VAT refund. There is no risk of fines or penalties if the decrease is not reported.


No. If the VAT value or statistical value is decreased, this does not typically impact customs duty because customs duty is typically based on weight rather than value.


N/A


No.


If there is a change to the VAT value and the importer is not entitled to a 100% input VAT reduction, the change in VAT value must be reported in writing to the Customs District Directorate within 30 days of the VAT value adjustment. If the importer is entitled to a 100% input VAT reduction, reporting is not required. The disclosure process is the same.


To change the VAT values, generally transaction-by-transaction adjustments are required. However, aggregate adjustments may be accepted on a case-by-case basis. The disclosure process is the same.


No. However, it may be possible to file a ruling request to obtain binding information for repeated VAT value corrections.


The customs authorities must be notified of the additional VAT owed within 30 days of the adjustment. There is no standard process for reporting the additional VAT payable. If the additional VAT payable can be deducted as input VAT, the importer may not be required to notify the customs authorities and the additional VAT may not be separately assessed.


The importer must file an application to obtain a refund of overpaid VAT if the importer is not entitled to a 100% VAT refund. If the importer is entitled to a 100% VAT refund, the overpaid VAT can be claimed on the next VAT return.


Value increase: Yes. Penalties and interest may apply if the adjustment is discovered upon audit and the importer is not entitled to a 100% VAT refund. If the adjustment is communicated within 30 days of the adjustment, no penalties or interest would apply.Value decrease: Possibly. Penalties may apply, but are not likely.


No. However, it is recommended that the importer proactively contact the customs authorities to discuss transfer pricing adjustments. There is no formal process to proactively address this with the customs authorities.


No.


No.


No, but VAT returns must be amended.


Taiwan Mike Chang+886 2 2545 9988 Ext [email protected]

No. Question Answer


No.


Generally, the customs authorities do not require a transfer pricing study or report to assess the dutiable value. The importer may present international market information to support the related party price. Customs authorities will also conduct a separate test by using the valuation methodologies outlined in the Taiwan Customs Act.


No.


No.


Yes. There is no exception to report, even when the duty rate is zero.


Yes.




No.


Additional duty payments: 6 monthsDuty refunds: N/A


Yes. If there is a violation of the Customs Anti-Smuggling Act, penalties may apply in the event of an audit. If there is no violation of the Customs Anti-Smuggling Act, additional duties and interest may apply.


The importer must submit a letter to the customs authorities to seek approval to make an upward adjustment. If approved, the importer would file an amended import declaration form. Downward adjustments are not required. The disclosure process is the same.




No.


An adjustment to customs value will automatically result in the assessment of additional VAT. However, the assessment period by the customs authorities is shorter than that of the tax authorities, and therefore, the importer should notify customs authorities of any adjustments.


N/A


Value increase and decrease: Possibly. If the adjustment is self-reported, the importer could argue for a waiver of any VAT penalties and only the additional VAT and relevant interest would be applied. If the customs authorities discover the adjustment and deem there is a violation of the Customs Anti-Smuggling Act, then additional VAT and penalties may be imposed.


No. There is no formal process to proactively address this with customs authorities. In practice, it is not common to report prospective changes to transaction value. However, if an import price is reduced by 10% or more, this may invite scrutiny by the customs authorities.


No. However, in practice, because the import declaration supports the cost of imported goods under the income tax laws, the two values should be consistent, unless an advance agreement is reached with the income tax authorities.


Generally, no.


In practice, no.


Thailand Stuart Simons+66 2676 5700 Ext [email protected]

No. Question Answer


No.


In practice, the customs authorities may require an analysis using deductive, computed, or fallback value methods to substantiate the related party price. It is recommended to conduct a test/analysis under the customs rules to support the related party price, in addition to providing the transfer pricing analysis.


No.


No.




Yes.




Yes, provided the importer reserved the right to obtain a duty refund at the time of importation. Generally, the request process is the same. In practice, duty refunds are difficult to obtain.


Additional duty payments: 10 years from the date of importation.Duty refunds: 2 years.


Yes. Penalties of 2 times the duty owed, plus interest of 1% per month, may apply. If a voluntary disclosure is made (before a customs audit commences), interest may apply, but no penalties.


The importer should submit a letter informing the customs authorities of the price change, along with documents showing why the value increased or decreased. The disclosure process is the same.




No.


Any additional VAT owed must be paid to the customs authorities. The additional import VAT would be claimed as a credit on the monthly VAT return.


Generally, no action would be taken since the import VAT would already have been claimed as a credit in the monthly VAT return.


Value increase: Yes, a maximum penalty of 1 times the VAT shortfall and a 1.5% monthly surcharge (capped to the amount of the VAT shortfall) may apply. Penalties may be reduced if the importer makes a voluntary disclosure.Value decrease: No.


No. However, in the case of a downward adjustment, it is recommended that the importer either obtain an advance ruling or that the information and support for making a prospective adjustment be appropriately documented and maintained.




Yes.


No.


Turkey Cahit Gokcelik+90 212 366 [email protected]

Baris Demirel+90 212 366 [email protected]

No. Question Answer


No.


The customs authorities may consider industry pricing practices as well as current market conditions. It is not required to conduct a test. However, it is recommended to regularly conduct a comparison of the related party price to unrelated party prices and examine the market conditions to validate the acceptability of the related party price.


No.


No.


No. However, it is recommended to report any changes to customs value to avoid potential penalties if discovered upon audit. A supplementary declaration should be filed by the 26th of the month after the increase is discovered.


Yes.


No. However, penalties may still be assessed for reporting an incorrect value, if discovered upon audit.


No, unless the price change is reflected in the contract conditions for the sale of goods and the importer files an Exceptional Value Declaration (EVD) with the customs authorities at the time of importation. In practice, however, duty refunds are difficult to obtain. The request process is the same.


Additional duty payments: 3 years. Duty refunds: 3 years if the conditions for obtaining a duty refund are met.


Yes. Penalties of up to 3 times the duty owed, plus interest, may apply. The amount of the penalty depends on whether the upward adjustment was voluntarily declared by the importer or discovered by the customs authorities.


There is no formal procedure. In practice, the importer should submit a letter to the customs authorities advising of the increase or decrease. The disclosure process is the same.




No.




No additional VAT filings are required if the conditions for obtaining a VAT refund are met.


Value increase: Penalties of up to 3 times the VAT owed, plus interest, on the unpaid VAT. Value decrease: No.


Yes. No set threshold exists. However, the use of transaction value may be rejected if the price variance is significant (e.g., more than a 5% to 10% variance, depending on the product). It is recommended that adjustments be managed to avoid a significant variance.


No. However, in practice, the two values should be consistent because of the potential risk that the tax and customs authorities may exchange information and investigate the taxpayer's taxable basis and/or customs value.


Yes.


No.

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United Arab Emirates Alex Law+971 4 [email protected]

No. Question Answer


No.


The customs authorities may request the commercial invoice and agreement between related parties. No specific test/analysis is required.


No.


No.


No. There is a risk of fines or penalties if the change is discovered upon audit.


No, unless adjusted by the customs authorities upon audit.


No. However, fines may still be assessed for reporting an incorrect value if discovered upon audit.


N/A


N/A


Yes. If an incorrect value is discovered upon audit, a fine of not less than SAR 500 and not exceeding SAR 5,000 (approximately AED 490 to AED 4,895) would apply, unless fraud is involved.


N/A


N/A


N/A


N/A


N/A


N/A


Yes. No specific threshold has been published. It is recommended that the importer proactively contact the customs authorities to discuss transfer pricing adjustments, especially when the adjustments yield a lower customs value. The customs authorities have a risk tool that assesses the valuation component of the customs declaration and can detect changes in value.


No.


No.


No. However, fines may still be assessed for reporting an incorrect value if discovered upon audit.


United Kingdom Caroline Barraclough+44 20 7007 [email protected]

No. Question Answer




The customs authorities may require the related party sales contract, transfer pricing analysis, and an explanation of the circumstances surrounding the sale. It is recommended to conduct a test/analysis to support the related party price.


The two branches of the tax authority act autonomously; thus, joint agreements are not possible. However, increased cooperation within the tax authorities is expected in the future as a result of the implementation of BEPS (Base Erosion and Profit Shifting) as well as the new Union Customs Code (UCC) that will become effective in May 2016.


Yes. The customs authorities provide some guidance on the acceptability of related party pricing and more limited guidance on managing retroactive transfer pricing adjustments.




Yes.




Yes. However, in practice, duty refunds may be difficult to obtain. If the importer has an agreement with the seller that contemplates potential retroactive transfer pricing adjustments, this should be proactively discussed with the customs authorities in advance of the import. The request process is the same.


Additional duty payments: 3 years from the date on which the debt was incurred. There is no time limitation in cases of fraud.Duty refunds: 3 years from entry acceptance. However, the customs authorities will still need to approve the refund, which is easier to obtain if there is an advance agreement.


Interest may apply at the discretion of the customs authorities. Penalties may apply in cases of fraud or negligence.


The importer should contact the customs authorities on how to proceed. In cases of underpayment, the customs authorities may typically issue a post-clearance demand notice. The disclosure process is the same.


Typically, a transaction-by-transaction breakdown is required. Aggregate adjustments may be permitted with the advance agreement from the customs authorities. The disclosure process is the same.


No.


Once the authorities are notified of the adjustment, a demand notice for VAT will be issued by the authorities.


Adjustments should be made on the VAT return, according to the VAT rules.


Value increase and decrease: Generally, no. There is a separate penalty regime for VAT, but additional penalties would rarely apply.


Possibly. No set threshold exists. A price change may trigger an audit if it is significant and results in a price decrease. In this regard, what is deemed “significant” by the customs authorities will vary by case. It is recommended that the importer verify that the transfer price is acceptable for customs value purposes and explain the prospective adjustment to the customs authorities.


Yes. The potential risk would be that, if the cost of goods sold were too high, taxable profits may be reduced. Penalties of up to 100% may be applied, but they may be mitigated through voluntary disclosure and cooperation with the corporate tax authorities.


Increasingly, yes.


No.


United States Michele McGuire+1 312 486 [email protected]

Helen Cousineau+1 312 486 [email protected]

No. Question Answer


No. However, transfer pricing studies and APAs may contain information that is useful for supporting the transaction value method. Bilateral APAs have been viewed as more persuasive than the alternatives.


The "circumstances of sale" test is more commonly applied than the "test values" test. The customs authorities will consider the totality of evidence available under the "circumstances of sale" test. This may include financial data, data from transfer pricing documents and/or APAs, intercompany supply agreements, customs related party value studies, product-specific profitability analyses, objective industry studies that evidence pricing practices of the industry, data on unrelated party sales, and any other evidence that supports the arm's length nature of the prices under the customs rules. It is recommended that importers proactively conduct a customs analysis in addition to any transfer pricing analysis completed for tax purposes to support the use of related party prices as a basis for transaction values and to demonstrate "reasonable care".


Yes. If an APA is sought with the involvement of the customs authorities, it may be possible to obtain a supportive customs valuation ruling.


Yes. There is an Informed Compliance Publication entitled, "Determining the Acceptability of Transaction Value for Related Party Transactions," published in April 2007. In addition, numerous customs rulings and case law address valuation for related party import transactions.


Generally, yes, with very limited exceptions. There is no exception to report when the duty rate is zero.


Generally, yes, unless the adjustment was unforeseeable.


Generally, yes, with very limited exceptions. There is no exception to report when the duty rate is zero.


Yes, but only for a limited period – i.e., prior to "liquidation" (which is typically about 314 days) or within the 21-month reconciliation period, if applicable. The customs authorities strongly encourage that custom value changes due to transfer pricing adjustments be reported through the Reconciliation program, especially if the importer seeks to obtain refunds on downward adjustments to customs values.


Additional duty payments: 5 years from the date of entry.Duty refunds: Generally, refunds must be claimed prior to "liquidation" or up to 21 months through the Reconciliation program.


Yes. If the importer did not act with "reasonable care," the minimum penalty for negligence would be 2 times the duty owed if the goods were dutiable, or 20% of the import value if the goods were not dutiable. Penalties are much greater for gross negligence and fraud. If a voluntary disclosure is made, only interest may apply. No penalties would apply if the adjustments are made through the Reconciliation program.


The Reconciliation program is the preferred method for reporting retroactive transfer pricing adjustments. Under the Reconciliation program, values must be adjusted and reported via reconciliation entries filed within 21 months of entry. Outside the Reconciliation program and prior to "liquidation" of the entry, the importer should file a Post Entry Amendment/Post Summary Correction. If the entry has already "liquidated", the importer should file a protest or prior disclosure. The disclosure process is the same.


Generally, transaction-by-transaction, with limited exceptions. The disclosure process is the same.


Yes. The Reconciliation program allows the importer to flag entries for value at the time of import and then reconcile the originally declared value to a final value within 21 months.


N/A


N/A


N/A


Possibly. Related party import transactions are currently a high focus area. If the value reported prospectively significantly differs from prior reported values, it may trigger scrutiny by the customs authorities. It is recommended that the information and support for making a prospective adjustment be properly documented and maintained and that the importer be prepared to answer any questions regarding its related party pricing and prospective transfer pricing adjustments.




Yes, increasingly so.


Yes. According to regulation, declared export values must be restated if the value declared at the time of export changes. If a transfer pricing adjustment increases the value of a specific Schedule B or Harmonized Tariff Schedule classification above USD 2,500, an export declaration for the shipment must be filed if one was not filed previously. In practice, export values are not commonly restated.

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Vietnam Tuan Bui+844 6288 [email protected]

No. Question Answer


No. However, transfer pricing studies and APAs may contain information that is useful for supporting the transaction value method. Note that the APA regime is very new to Vietnam.


Generally, the customs authorities require written correspondence during the negotiation process between the buyer and seller to determine whether the negotiation was conducted as between unrelated parties. The import price may be tested against prices for identical or similar goods. The customs authorities do not currently accept tests or evaluations by independent third parties.


No. However, Vietnam is working on a framework for this with pioneer APA cases currently under assessment. If approved, there may be a basis to seek agreement from the custom authorities.


Related party price: Yes.Retroactive transfer pricing adjustment: No.


No. There is a risk of fines or penalties if the change is discovered upon audit.


Yes, if the customs authorities re-assess the value.




N/A


N/A


Yes. If the customs authorities discover the adjustment and the value is re-assessed, penalties and interest may apply in combination as follows: 0.05% interest per day on the unpaid duties, 20% of the duties owed, or a maximum penalty of 3 times the duties owed.


N/A


N/A


N/A


If the customs authorities discover the upward adjustment, any additional VAT and excise tax (where applicable) must be paid to the customs authorities.


If the customs authorities discover the downward adjustment, import VAT and excise tax (where applicable) may be refunded by the customs authorities.


Value increase: Yes. Additional VAT, penalties and interest may apply in combination as follows: 0.05% interest per day on the additional VAT owed, 20% of the VAT owed or a maximum penalty of 3 times the VAT owed.Value decrease: No.


Yes. No set threshold exists. However, a price change may trigger scrutiny by the customs authorities if it results in a price decrease; whereas a price increase would automatically raise the benchmark price. It is recommended that the information and support for making a prospective adjustment be appropriately documented and maintained.


Yes. The tax and customs authorities have begun to cross-check their databases. The inconsistency may invite increased scrutiny from the customs authorities, and the importer would be required to explain its position. An assessment for additional duties or taxes may result. Tax and customs authorities would not automatically impose an adjustment.


Yes.


No.


Customs & Global Trade Country Contacts

Argentina Christian Fucinos+54 11 [email protected]

Australia David Ware+61 3 9671 [email protected]

Austria Christian Buergler+43 153 700 4940 [email protected]

Belgium Fernand Rutten+32 2 600 66 [email protected]

Brazil Douglas Nogueira Lopes+55 11 5186 [email protected]

Canada Daniel Kiselbach+1 604 640 [email protected]

Lisa Zajko +1 604 640 [email protected]

ChileRocio Crespillo+56 22 729 [email protected]

Alejandro Paredes+56 22 729 8216 [email protected]

China William Francis Marshall+852 285 [email protected]

Sarah Chin+852 285 [email protected]

Dolly Zhang+86 21 6141 [email protected]

Colombia Pedro Sarmiento +57 1 426 [email protected]

Costa RicaRafael Gonzalez+506 2246 [email protected]

Mario Hidalgo+506 2246 [email protected]

Czech RepublicMarek Fort+420 246 042 [email protected]

DenmarkLone Friis+45 222 02 [email protected]

EcuadorJoseph Soto+593 4 3700 100 Ext [email protected]

EgyptKamel Saleh+20 2 2290 [email protected]

France Odile Courjon+33 1 40 88 29 [email protected]

GermanyMichael Schaefer+49 621 15901 [email protected]

Guatemala Byron Martinez+502 2384 6500Ext [email protected]

HungaryPéter Gémesi+36 1 428 [email protected]

IndiaPrashant Deshpande+91 22 6185 [email protected]

IndonesiaTurmanto Turmanto+62 21 2992 3100Ext [email protected]

Imam Basuki Rahmanto+ 62 21 2992 [email protected]

IrelandTed Holohan+353 21 490 [email protected]

IsraelZvi Friedman+972 3 608 [email protected]

ItalyAlessandra Di Salvo+39 [email protected] JapanChikara Okada+81 3 6213 [email protected]

KenyaLillian Kubebea+254 20 4230 [email protected]

Luxembourg Christian Deglas+352 45145 [email protected]

MalaysiaEng Yew Tan+60 3 7610 [email protected]

Mexico Cecilia Montano Hernandez+52 555 [email protected]

Mauricio Rodriguez+52 55 [email protected]

NetherlandsJohan Hollebeek+31 8828 [email protected]

New ZealandJeanne Du Buisson+64 9 303 [email protected]

NorwayFredrik Vestli +47 23 27 98 46 [email protected]

Peru Rafael Reaño+511 211 8585 Ext [email protected]

Rogelio A. Gutierrez+511 211 [email protected]

PhilippinesRichard Lapres +63 2 581 9000 Ext [email protected]

PolandJoanna Stawowska+48 22 [email protected]

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